Monday, May 6, 2013

NOTICE FOR DEMANDING RECOVERY OF COST





Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §           __________________ COUNTY, TEXAS
    The Exonerated Movant


 

NOTICE FOR DEMANDING RECOVERY OF COST

BEING SUCCESSFUL PARTY IN ACTION

            Pursuant to the Texas Rules of Court, Rule 131, Successful Party to Recover; being the successful party in the above Cause, the Movant moves this court to grant recovery of costs associated with this action. The following are items claimed for recovery together with such other and further relief to which Movant may be justly entitled by this Honorable Court:

Description                             Costs Incurred                                   Amount Being
Research                                  __ hr X $__.__                                    $    __.__
 Mileage                                  ___ Mi.  X $.__ per mile                     $    __.__
Certified Mail Postage            ___ ea.  X    $__.___                           $     __.__


Description                             Costs Incurred                                   Amount Being
Certified Mail Postage            __ ea.  X    $__.__                               $     __.__
Parking                                    __ea   X   $__.__                                 $      __.__
Printing                                   ___pages  X  $.___                             $______._____
Total Amount Incurred ************************                      $  _____.___


                                                                                    Prayerfully Submitted,




______________________________
          , sui juris




Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §            __________________ COUNTY, TEXAS
    The Exonerated Movant



ORDER ON MOTION FOR DEMANDING RECOVERY OF COST

BEING SUCCESSFUL PARTY IN ACTION

   On this the                      day of                                         , A.D., 201__, came on to be heard Movant’s Motion to Demand Recovery of Cost and being the Successful Party in this action and pursuant to the Texas Rules of Court, Rule 131, in the above titled and numbered causes, and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be:
                    Granted to the Amount of  ___________________
                    Denied pursuant to the grounds of __________________________________________
________________________________________________________________________________



            Signed and entered this       day of ______________________, A.D., 201__.




                                                            _________________________________________________

                                                                        Judge Presiding

                                                                       



CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery confirmation, hand delivery or fax on this ______  day of ________________________, 201__.
______________________________________
______________________________________
______________________________________



_________________________________


INSTRUCTIONS

This document was created to do unto others as they try to do unto you. Recovery of cost after the city, county or state try to extract funds from you, but instead dismiss the action against you and leave you with expenses that should be paid by the other side. Put this motion in on if you want to stir things up. This document takes a lot of follow-up. You may need to write the City’s or County’s Accounts Payable and ask for you entitled funds. We have not got money as yet, but we are working on it. Do not make the cost recovery unreasonable. If you get a dollar from them, then you have set a precedence that can be built on. Read it and understand it. The rule 131 states that you are entitled to recovery and does not state that the judge can deny such recovery. It needs to be filed at least 10 days after a Dismissal.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put the amount of hours that you spent researching your case
Line 7: Put your cost per hour.
Line 8: Put your cost per hour times the amount of hours spent researching and put total in dollars and cents.
Line 9: Put in the number miles driven to court and to research.
Line 10: Put in the amount of cents that is allowed by government dealing with tax matters, usually 35 cents or more.
Line 11: Take the amount of miles times the cents per miles allowed and put the total amount in this line.
Line 12: Put in how many times you sent something by certified mail with the same cost.
Line 13: Put in the amount that certified mail is.
Line 14: Take the amount of certified mail that was sent and multiply it with the amount of certified mail and put in the total amount.
Line 15: Put in how many times you sent something by certified mail with the same cost.
Line 16: Put in the amount that certified mail is.
Line 17: Take the amount of certified mail that was sent and multiply it with the amount of certified mail and put in the total amount.
Line 18: Put in how many times you paid for parking while at court or during research.
Line 19: Put in the amount of the parking.
Line 20: Take the amount of times that you paid for parking and the amount of the parking and put in the total amount of parking cost.
Line 21: Put in the numbers of pages that you copied for the research and for court.
Line 22: Put in the amount that it cost per page for printing.
Line 23: Take the number of pages printed and multiply the cost of printing per page and put that amount in the space provided.
Line 24: Add up the separate costs and put that amount where provided.
Line 25: Sign your name, then below print your name in Upper and Lower Caps then below that print your address.
Line 26: Where you put the cause numbers of the case.
Line 27: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 28: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 29: Put your name in Upper and Lower Caps.
Line 30: Put whatever county the court is in – like – “Galveston”.
Line 31: Leave for the Judge to fill out.
Line 32: Leave for the Judge to fill out.
Line 33: Leave for the Judge to fill out.
Line 34: Leave for the Judge to fill out.
Line 35: Leave for the Judge to fill out.
Line 36: Leave for the Judge to fill out.
Line 37: Leave for the Judge to fill out.
Line 38: Leave for the Judge to fill out.
Line 39: Leave for the Judge to fill out.
Line 40: Leave for the Judge to fill out.
Line 41: Leave for the Judge to fill out.
Line 42: Leave for the Judge to fill out.
Line 43: Leave for the Judge to fill out.
Line 44: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.
Line 45: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 46: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .
Line 47: Put “ Court Clerk for (Whatever Court)
Line 48: Put the street address where the prosecutor will be served.
Line 49: Put the City, State and Zipcode where the Prosecutor will be served.
Line 50: Sign your name, then below print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

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