Statute of limitations on debt in Texas

In Texas, the time to file a lawsuit on a consumer debt is set by the sections below. When that time has run, a collector’s ability to win a suit is what has expired — if the dates were measured correctly, and if Texas law is the law that applies. The debt does not vanish. A collector may still request payment. A United States credit report can still show the item under 15 U.S.C. §1681c.

Verified Texas limitation periods
Kind of debt	Years	Statute
Written contract	4	Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)
Oral contract	4	Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)
Open account / store account	4	Tex. Civ. Prac. & Rem. Code § 16.004(c)
Promissory note	4	Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)
Credit card	4	Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)

Written contract. The statute lists “debt” among the four-year actions. Accrual is not defined in this section.

Open account / store account. Subsection (c) covers an open or stated account, with accrual when the dealings cease. That is not automatically a consumer card.

Credit card. Treated here as a “debt” under § 16.004(a)(3). A court can still classify the account differently.

Revival and acknowledgment

For a debt buyer, Texas Finance Code § 392.307 says a payment or agreement that the debt is owed does not revive the limitations period. That section is about debt buyers. It is not a general rule for every original creditor.

The reporting clock is not this table

How long a collection may appear on a United States credit report is a federal file rule. Read how long a debt stays on your credit report and what paying a collection changes.

Walk the decision

Lawsuit deadline and credit-report period are different clocks. This is not a ruling.

State whose law you think applies Kind of debt Month of last payment or written acknowledgment, if you know it

What the collector sent

A first collection notice, within 30 days A collection notice, but the 30-day window has passed Calls or letters I want stopped An offer to pay if they stop reporting the item A lawsuit threat, or papers from a court Nothing yet — I am trying to decide whether to pay

The lawsuit clock may have run. The reporting clock is a different clock.

Texas lists 4 years for credit card under Tex. Civ. Prac. & Rem. Code § 16.004(a)(3). Counting months from the date you entered, that period looks expired. That is not a ruling. Accrual, choice of law, and revival can move the date. For a debt buyer, Texas Finance Code § 392.307 says a payment or agreement that the debt is owed does not revive the limitations period. That section is about debt buyers. It is not a general rule for every original creditor. How long the item stays on a United States credit report is 15 U.S.C. §1681c, generally seven years plus up to 180 days from the delinquency, even after you pay.

Write a debt validation letter

State lawsuit-deadline notes · How long a debt stays on a credit report

Questions

What is the statute of limitations on debt in Texas?

Written contract: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)). Oral contract: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)). Open account / store account: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(c)). Promissory note: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)). Credit card: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)).

Does paying restart the clock?

Does that mean the collection comes off my credit report?

No. 15 U.S.C. §1681c is a file rule. A time-barred debt can still appear for the rest of the reporting period.

Statute of limitations on debt in Texas

Revival and acknowledgment

The reporting clock is not this table

Walk the decision

Questions

Sources