Texas Property Code 28.005 – Action to Enforce Payment
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(a) A person may bring an action to enforce the person’s rights under this chapter.
(b) In an action brought under this chapter, the court may award costs and reasonable attorney’s fees as the court determines equitable and just.
Terms Used In Texas Property Code 28.005
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005