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Tex. Civ. Prac. & Rem. Code § 38.002

PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES

Applied in 94 court decisions — leading case Great American Insurance Co. v. North Austin Municipal Utility District No. 1 (1995)

Most recently applied in MVT Services v. Great West Casualty Company (October 2024)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

19871990200020102020202480
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

To recover attorney's fees under this chapter:

(1) the claimant must be represented by an attorney;

(2) the claimant must present the claim to the opposing party or to a duly authorized agent of the opposing party; and

(3) payment for the just amount owed must not have been tendered before the expiration of the 30th day after the claim is presented.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.