Achimon v. J.I. Case Credit Corp.

Although I concur in the result reached by the majority, I disagree with the conclusion and holding that the deficiency arising from the disposition of the collateral “was not a ‘liquidated money demand’ as that term is used in rule 185.”

Rule 185 is a procedural rule and does not create a substantive cause of action. Rizk v. Financial Guardian Insurance Agency, Inc., 584 S.W.2d 860, 862 (Tex.1979). It is designed to facilitate the presentation of evidence by providing that, absent verified denial, the pleadings, if they conform to the rule and are pleadings of facts rather than mere…