Texas Labor Code - Section 213.034. Statement As Evidence In Civil Action; Denial
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Texas Laws > Labor Code > Texas Labor Code - Section 213.034. Statement As Evidence In Civil Action; Denial
Section: 213.022 213.023 213.024 213.025 213.031 213.032 213.033 213.034 213.035 213.036 213.051 213.052 213.053 213.054 213.055
§ 213.034. STATEMENT AS EVIDENCE IN CIVIL ACTION;
DENIAL. (a) If a civil action filed under this subchapter is
supported by a statement, report, or audit issued by the commission
and the commission certifies that the contribution, penalty, and
interest shown to be due by the statement, report, or audit are
delinquent and that all offsets, payments, and credits have been
allowed, the statement, report, or audit is prima facie evidence of
the truth of its contents unless before an announcement of ready for
trial the defendant files an affidavit that:
(1) denies that all or part of the contribution,
penalty, or interest is due; and
(2) states the details relating to any part of the
contribution, penalty, or interest claimed not due.
(b) If the defendant files an affidavit described by
Subsection (a) on the day of the trial, the court at the request of
the plaintiff shall postpone the cause for a reasonable time.
(c) A defendant who does not file an affidavit in accordance
with this section may not deny the claim for the contribution,
penalty, or interest or an item of the claim.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Last modified: August 11, 2007