Texas Demand Letter - Payment (CPRC § 38.001 Presentment)

TEXAS DEMAND FOR PAYMENT – FORMAL PRESENTMENT UNDER CPRC § 38.001

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND REGULAR U.S. MAIL
[Also sent via email to: [____________________________]]

1. HEADER

Date: [__/__/____]

TO (Debtor):
[________________________________]
Attn: [________________________________] (Registered Agent / Officer)
[________________________________] (Street Address)
[________________________________] (City, Texas ZIP)

FROM (Claimant):
[________________________________]
[________________________________]
[________________________________] (City, Texas ZIP)

RE: FORMAL PRESENTMENT OF CLAIM PURSUANT TO TEX. CIV. PRAC. & REM. CODE § 38.002 – DEMAND FOR PAYMENT OF $[____________]

2. NOTICE OF FORMAL PRESENTMENT

This letter constitutes formal presentment of a claim within the meaning of Chapter 38 of the Texas Civil Practice and Remedies Code. Under Tex. Civ. Prac. & Rem. Code § 38.001(b), a claimant may recover reasonable attorney's fees from an individual or organization, in addition to the amount of a valid claim and costs, on a claim for (among other things) an oral or written contract, rendered services, performed labor, furnished material, a sworn account, or suit on a contract. Pursuant to § 38.002, the claim must be presented to the opposing party, and if payment is not tendered before the expiration of the 30th day after the claim is presented, the claimant is entitled to recover attorney's fees in addition to the principal amount.

This letter establishes the date of presentment for purposes of § 38.002(2). You have thirty (30) days from receipt of this letter to tender payment of the Outstanding Amount in full, or your failure to do so will entitle [CLAIMANT NAME] to recover reasonable attorney's fees incurred in any subsequent litigation.

3. STATEMENT OF THE CLAIM

3.1 Underlying Obligation

On [__/__/____], [CLAIMANT NAME] and [DEBTOR NAME] entered into [that certain [TITLE OF AGREEMENT] / an oral agreement / a course-of-dealing arrangement evidenced by invoices and purchase orders] (the "Agreement") under which [CLAIMANT NAME] agreed to [describe goods/services/labor/materials furnished] in exchange for payment of $[__________].

3.2 Performance by Claimant

[CLAIMANT NAME] fully and timely performed all material obligations owed under the Agreement, specifically:

☐ Delivered the goods described in Invoice Nos. [________________________________] on [__/__/____];
☐ Performed the services described in Statement of Work dated [__/__/____];
☐ Furnished labor and/or materials at the job site located at [________________________________];
☐ Other: [________________________________].

3.3 Amount Due

As of the date of this letter, the following amounts are just, due, owing, and unpaid:

Copies of the Agreement and all supporting invoices are enclosed as Exhibit A.

4. TEXAS INTEREST RATE

Pursuant to Tex. Fin. Code § 302.002, if a creditor has not agreed with an obligor to charge the obligor any interest, the creditor may charge and receive interest at the rate of six percent (6%) per annum on the principal amount of the credit extended beginning on the 30th day after the date on which the amount is due. [If the Agreement specifies a rate: The Agreement expressly provides for interest at [____]% per annum, which does not exceed the maximum commercial rate permitted by Tex. Fin. Code Ch. 303.]

Upon judgment, post-judgment interest will accrue under Tex. Fin. Code § 304.003 at the prime rate published by the Federal Reserve Bank, but in no event less than 5% or more than 15% per annum.

5. DEMAND

[CLAIMANT NAME] hereby DEMANDS that [DEBTOR NAME] pay the Outstanding Amount of $[____________] on or before [__/__/____] (30 days from anticipated receipt).

Payment must be made by cashier's check or wire transfer as follows:

• Payable to: [________________________________]
• Mail to: [________________________________]
• Wire instructions:
• Bank: [________________________________]
• ABA/Routing: [____________]
• Account: [________________________________]

6. CONSEQUENCES OF NON-PAYMENT

If full payment is not received by the deadline stated in Section 5, [CLAIMANT NAME] intends, without further notice, to pursue any or all of the following remedies in a Texas court of competent jurisdiction:

6.1 Breach of Contract Action. Suit on the Agreement under Tex. Civ. Prac. & Rem. Code § 16.004 (four-year limitations period), seeking the Outstanding Amount, pre- and post-judgment interest, court costs, and reasonable attorney's fees under § 38.001 – which fees are recoverable precisely because this letter constitutes presentment.

6.2 Sworn Account Action. Under Tex. R. Civ. P. 185, for a systematic record of amounts due for goods, wares, merchandise, or services rendered, [CLAIMANT NAME] may file suit on a sworn account, which shifts the burden to [DEBTOR NAME] to file a sworn denial.

6.3 Quantum Meruit / Unjust Enrichment. Alternative equitable claims for the reasonable value of benefits conferred.

6.4 Fraudulent Transfer Claims. If any transfers of assets by [DEBTOR NAME] are made with intent to hinder, delay, or defraud creditors, [CLAIMANT NAME] will pursue claims under the Texas Uniform Fraudulent Transfer Act, Tex. Bus. & Com. Code Ch. 24, seeking avoidance of such transfers and personal liability of transferees.

6.5 Pre-Judgment Writs. [CLAIMANT NAME] reserves the right to seek pre-judgment writs of attachment (Tex. Civ. Prac. & Rem. Code Ch. 61), garnishment (Ch. 63), or sequestration (Ch. 62) upon the required showing.

6.6 Post-Judgment Collection. Upon judgment, [CLAIMANT NAME] will pursue abstracts of judgment under Tex. Prop. Code § 52.001 (creating judgment liens on real property in any Texas county), post-judgment discovery under Tex. R. Civ. P. 621a, writs of execution, turnover proceedings under Tex. Civ. Prac. & Rem. Code § 31.002, and judgment garnishment.

7. VENUE

Venue will be proper in [____________] County, Texas under Tex. Civ. Prac. & Rem. Code § 15.002 (general venue rule — county in which all or a substantial part of the events giving rise to the claim occurred, or the county of defendant's residence/principal office) or, if applicable, § 15.035 (major contract venue — county where contract was to be performed in whole or in part).

8. DISPUTE OF ACCOUNT – OPPORTUNITY TO CURE

If you dispute the Outstanding Amount or any portion thereof, you must notify the undersigned in writing within fifteen (15) days of receipt of this letter, identifying with specificity the basis for such dispute. Absent a timely written dispute, the Outstanding Amount will be deemed stated, acknowledged, and undisputed for all purposes.

9. NON-WAIVER; RESERVATION OF RIGHTS

Nothing in this letter shall be construed as a waiver of any rights, remedies, or claims available to [CLAIMANT NAME] at law or in equity, all of which are expressly reserved. This letter is written in compromise and settlement negotiations and is inadmissible under Tex. R. Evid. 408, except for purposes expressly permitted thereby (including proof of presentment).

10. SIGNATURE

Respectfully,

_______________________________________
[SIGNATORY NAME]
[TITLE]
[CLAIMANT NAME]
Phone: [____________]
Email: [________________________________]

Enclosures: Exhibit A – Agreement and Invoices

cc: [ATTORNEY NAME], [FIRM], [BAR NO.] (Texas State Bar)

Sources and References

• Tex. Civ. Prac. & Rem. Code § 38.001 – https://statutes.capitol.texas.gov/Docs/CP/htm/CP.38.htm
• Tex. Civ. Prac. & Rem. Code § 38.002 – Presentment requirement
• Tex. Civ. Prac. & Rem. Code § 16.004 – Four-year statute of limitations
• Tex. Fin. Code § 302.002 – Statutory 6% interest
• Tex. Fin. Code § 304.003 – Post-judgment interest
• Tex. R. Civ. P. 185 – Sworn account procedure
• Tex. Bus. & Com. Code Ch. 24 – Texas Uniform Fraudulent Transfer Act
• Tex. Prop. Code § 52.001 – Judgment lien via abstract of judgment