Rule 95.Pleas of Payment
Last verified June 28, 2026
Full Text of Rule 95
Plain-English Summary
Rule 95 conditions the defense of payment on detail. A defendant who intends to prove payment must file, with the plea, an account that distinctly states the nature of the payment and its several items. Without that account, the defendant cannot prove payment — unless the plea itself describes it so plainly and particularly that the plaintiff has full notice of its character.
Frequently Asked Questions
How do you plead payment as a defense in Texas?
Under Rule 95, file an account with your plea stating the nature and items of the payment. Otherwise you cannot prove payment unless the plea describes it plainly enough to give full notice.
What happens if a defendant doesn't file an account of payment in Texas?
Under Rule 95, the defendant cannot prove payment at trial, unless the plea itself describes the payment plainly and particularly enough to give the plaintiff full notice of its character.
What must the account filed with a plea of payment show in Texas?
Rule 95 requires the account to state distinctly the nature of the payment and its several items, so the plaintiff knows what payment is being claimed.