Legal Question in Credit and Debt Law in Texas

Contract must be original document?

I have been sued for non-payment of an installment contract. Contract states ''Governing Law-This contract will be governed in all respects by the laws of the State of Texas. as pre-empted by federal law including, without limitation, Section 510 of The Depository Institution Deregulation and Monetary Control Act of 1980.''

and

''Original and True Copies of this Contract-This contract may be signed and then mutiple copies made thereof as necessary, but only the contract bearing original signatures shall be deemed the Original. No ownership interest in this contract or security interest in the commodity may be created other than through the possession of the Original and, if applicable, a mortgage or deed of trust.''

Can the plaintiff sue to collect on a copy, or on a computer generated copy, of the Original or, if demanded (subpoenaed) must the the plaintiff produce the actual Original contract to prevail?

Thanks.


Asked on 4/10/04, 12:55 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Contract must be original document?

That's a "maybe". As part of a defense, you can require the plaintiff to show authority, unless the plaintiff is the original holder of the instrument.

Under Texas law, a photographic copy of an instrument may be as good as the original. Although in this particular instance, the "Best Evidence Rule" may apply and require production of the original document.

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Answered on 4/10/04, 12:36 pm


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