Last Updated on June 8, 2025 by Beltz Law Group
Facing an NTTA Lawsuit for Unpaid Tolls? Understanding Your Defense
NTTA Ticket Defense Attorney
The Beltz Law Group: Navigating NTTA Civil Litigation
Contact Us Today: 214-321-4105
As of June 7, 2025, the North Texas Tollway Authority (NTTA) has significantly escalated its efforts to recover unpaid tolls by filing civil lawsuits. While these lawsuits are currently primarily aimed at businesses and commercial entities with substantial outstanding balances, it is crucial for all North Texas drivers to understand that this focus could shift to individual drivers at any moment.
We are actively defending clients against these NTTA lawsuits, often involving claims where the alleged amount owed is drastically higher than the original tolls. For example, a recent case we handled involved an alleged debt of over $62,000, where the actual tolls were closer to $5,800. This disparity highlights the aggressive fee structures involved.
The NTTA typically files lawsuits asserting one or more causes of action, most commonly a “suit on sworn account” or claims based on “quantum meruit” or “unjust enrichment.” This article will delve into the “suit on sworn account” and potential defenses, which we are actively applying in court.
Understanding a “Suit on Sworn Account” in Texas
A “suit on sworn account” is a specific type of claim frequently used in Texas to collect debts arising from open accounts or business dealings where systematic records are kept. To succeed on a suit on sworn account, the plaintiff (in this case, the NTTA) must generally prove:
- Sale and Delivery of Goods/Services: That goods were sold and delivered, or services were rendered.
- Justness of the Account: That the amount charged is fair and reasonable, either by agreement or in line with usual and customary prices.
- Unpaid Amount: That the specific amount claimed remains unpaid.
Under Texas Rule of Civil Procedure 185, if a plaintiff files a suit on sworn account with a proper affidavit stating the claim is “just and true,” it is considered prima facie evidence (accepted as true on its face) unless the defendant files a sworn written denial before trial. Failure to file such a denial can prevent the defendant from disputing the account’s validity.
NTTA Ticket Lawyer
Key Defenses to an NTTA “Suit on Sworn Account”
Based on our ongoing legal research and experience defending against these lawsuits, we are developing and asserting several key defenses:
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Is “Use of the Toll Road” a “Good” or “Service” in this Context? While the general legal definition of a “suit on sworn account” often refers to “goods, wares and merchandise,” it also applies to “personal service rendered.” Case law suggests that the use of a toll road could be successfully categorized as a service. However, the unique nature of toll violations raises questions about how this fits the traditional framework of a “sworn account.”
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The Requirement of an “Order” or “Agreement”: A fundamental element for proving a claim on a sworn account often includes an “order for merchandise” or a request for services. In the context of a “toll violator” who intentionally or unintentionally bypasses payment methods, can it be argued that an “order” for the toll road service was actually made, or that a clear “agreement” on pricing was established? If a defendant simply “runs” a toll without an active toll tag account or making an explicit agreement for that specific usage, it can be argued that a direct “order” for service, as traditionally understood in sworn account cases, was not submitted. This defense directly challenges a core element required to prove the claim.
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Reasonableness of the Fees and Penalties: This is often the most contentious point. The NTTA’s calculation of alleged debt often includes significant administrative fees and penalties that far outweigh the original toll amounts. By statute, late fees can be as high as $100 per violation, not per invoice. While the NTTA may charge a lower amount (e.g., $25 per violation as a “courtesy”), these fees can quickly accumulate to astronomical sums, especially when an invoice contains hundreds of individual toll entries.
Our defense strategy aggressively challenges the “justness” and “reasonableness” of these exorbitant fees. We argue that such disproportionate penalties, particularly when compared to the original toll, may not withstand legal scrutiny, especially when no direct agreement for these specific fees was made by the driver.
Other Potential Claims: Quantum Meruit and Unjust Enrichment
NTTA Ticket Lawyer
Beyond “suit on sworn account,” the NTTA may also assert claims for “quantum meruit” or “unjust enrichment” as alternative methods for collection. These legal theories generally argue that a defendant benefited from a service without paying for it, and it would be unfair to allow them to retain that benefit without compensation. While this article focuses on “suit on sworn account,” The Beltz Law Group is also prepared to develop tailored defenses against these and any other claims asserted by the NTTA.
Don’t Face the NTTA Alone
If you or your business has been served with a civil lawsuit by the NTTA for unpaid tolls, it is imperative to act quickly. Ignoring the lawsuit can result in a default judgment against you, leading to wage garnishments, bank account levies, or property liens.
The complexities of these civil lawsuits require experienced legal representation. The Beltz Law Group is actively defending these cases and understands the unique legal arguments necessary to challenge the NTTA’s claims and protect your financial interests and record.
Don’t wait. Contact our legal professionals today to review your case and discuss your defense strategy.
