Mechanism 58
Verified denial of a sworn account
How do you defend a suit on a sworn account in Texas?
With a verified denial, and before that with an attack on whether Rule 185 applies at all. A properly pleaded sworn account is prima facie evidence of the debt, and without a written denial under oath the defendant may not deny the claim or any item in it. A general denial does not touch it.
By John P. Henry · Tex. R. Civ. P. 185; Tex. R. Civ. P. 93(10) · Reviewed 2026-08-02
The authority
[H]e shall not be permitted to deny the claim, or any item therein, unless he files a written denial, under oath.Tex. R. Civ. P. 185
Tex. R. Civ. P. 185; Tex. R. Civ. P. 93(10)
When it applies
Suits on open accounts between the parties to the transaction — goods sold and delivered, services rendered, materials furnished. The first question is always whether this is one of those, because a great many petitions styled as sworn accounts are not.
How it is proved up
- Check the scope before drafting the denial. Rule 185 applies only to transactions in which there is a sale upon one side and a purchase upon the other — which is why assigned credit-card debt is generally not a sworn account, no title to personal property having passed.
- Verify the denial. Rule 93(10) requires a verified pleading denying an account that is the foundation of the action, and an unverified denial leaves the prima facie case standing.
- Deny the items, not the conclusion. A denial that the account is just and true in whole or in part, sworn to on personal knowledge, is what destroys the evidentiary effect.
- Have the right person swear it. A verification by counsel without personal knowledge is a recurring and fatal defect.
- Once the prima facie effect is gone, make them prove the contract, the delivery and the prices the ordinary way — which is frequently where these cases actually end.
What defeats it
- A verification defect on your own denial, which restores the plaintiff’s prima facie case.
- A petition that genuinely satisfies Rule 185 and an affidavit that genuinely satisfies it.
- A late-filed denial, after judgment has been taken on the pleadings.
- Denying the account while admitting the underlying purchases in discovery.
Where I have used it
On the defensive side of consumer and commercial account suits, where the recurring winner is not the denial but the scope point — a plaintiff who is not the party to the original sale is usually not entitled to Rule 185 at all, and saying so early changes what the case costs.
Questions
What is a sworn account in Texas?
A claim founded on an open account or other claim for goods sold and delivered, or services or materials furnished, supported by an affidavit. Rule 185 makes a properly pleaded and verified account prima facie evidence of the debt.
Does a general denial defeat a sworn account?
No. Rule 185 requires a written denial under oath, and Rule 93(10) requires a verified pleading. A general denial leaves the prima facie effect intact.
Is credit-card debt a sworn account in Texas?
Generally no. Rule 185 has been held to apply only to transactions in which there is a sale on one side and a purchase on the other, and a credit-card balance does not involve title to personal property passing from the plaintiff to the defendant.