Statute of limitations on debt in Texas

How long can a creditor sue for a debt in Texas?

Four years. Texas requires a suit for debt to be brought within 4 years after the day the cause of action accrues, which for a credit card, personal loan or medical bill is the date of default.^[1] The same 4-year period covers written and oral contracts, so Texas does not have the written-versus-oral split that complicates debt cases in many other states.

Debt collection statute of limitations in Texas: the 2019 change

House Bill 996 (2019) added Finance Code § 392.307, which bars a debt buyer from suing or starting arbitration to collect consumer debt once the limitations period has expired, and says a payment on the debt, or an oral or written reaffirmation, does not revive it or start a new period.^[2] Collection letters on such debts must say that the debt buyer cannot sue. Federal Regulation F separately forbids any debt collector from suing or threatening to sue on time-barred debt.^[7]

The protection is specific: it covers debt buyers collecting consumer debt. For an original creditor, Texas still allows a time-barred claim to be revived by a written acknowledgment signed by the debtor, but not by an oral promise or by payment alone.^[3]

When does the 4 years start?

The clock starts when the debt is in default: usually the first missed payment that was never cured, or the date the creditor accelerated the balance under the agreement. Charge-off, sale to a debt buyer and transfer to a new collection agency do not restart it. If the account was paid off and reopened, the new default is what counts.

What happens after a creditor wins a judgment

A judgment changes the rules. A Texas judgment can be enforced with a writ of execution; if no writ issues within 10 years, the judgment becomes dormant, and the creditor has 2 more years to revive it.^[4][5] Even with a judgment, Texas law protects a lot: current wages cannot be garnished for ordinary consumer debt (only for child support, spousal maintenance, taxes and certain student loans), and homesteads and many personal items are exempt.^[6]

If you are sued on an old debt in Texas

1. Do not ignore the citation. In justice court you generally must file a written answer within 14 days after service; missing it lets the creditor take a default judgment, and the limitations defense is lost.
2. Raise limitations in your answer. The statute of limitations is an affirmative defense; the court does not apply it on its own.
3. Ask for proof. A debt buyer must show it owns the debt and the amount; many cases turn on missing account records.

Most consumer debt suits in Texas are filed in justice court as “debt claim cases”; our small claims court Texas guide explains the court and its $20,000 limit. For other states’ rules, see the statute of limitations on credit card debt by state, and for every other Texas deadline use the statute of limitations calculator. Texas injury claims are covered in the car accident settlement calculator for Texas.