Statute of Limitations on Debt in Texas: How Long Can a Collector Sue?

By BestTexas staff · Last updated

If a collector is calling about an old credit card, medical bill or personal loan, the first question is simple: is it too old to sue on? In Texas, for most consumer debts, the answer turns on one number: four years.

At a glance

Deadline to sue
4 years for most consumer debts [1]
When it starts
When the debt became due, usually when you defaulted
Does a payment restart it?
Not for a debt buyer, since 2019 [2]
Credit report
Comes off about 7 years after first delinquency, separately [3]
Wage garnishment
Not allowed for ordinary consumer debt in Texas [4]

Texas debt clock

This is an estimate, not legal advice. The exact start date depends on your contract and what happened on the account. Talk to a Texas consumer attorney before you pay or ignore an old debt.

What “time-barred” means

A debt becomes time-barred when the deadline to sue has passed. You may still technically owe the money, and a collector can still ask you to pay. What changes is that a court shouldn’t be able to force you to.

Texas sets that deadline at four years for most debts [1]. The clock usually starts when the debt became due and you didn’t pay, often the date of your last payment or the date the account went into default. Your contract and account history decide the exact day, which is why the checker above gives an estimate.

What doesn’t restart the clock

In many states, making even a small payment on an old debt restarts the clock. Texas changed that for debt buyers (the companies that buy old accounts for pennies on the dollar). Since 2019, Texas law says:

The credit report clock is different

The four-year deadline to sue and the time a debt stays on your credit report are separate rules. Under the federal Fair Credit Reporting Act, most negative accounts must come off your report about seven years after the account first went delinquent (seven years plus 180 days) [3]. Paying, settling or getting sued doesn’t reset that date.

If an old account is still showing after that, you can dispute it with the credit bureaus directly, for free.

If you’re sued on old debt

Don’t ignore court papers, even on a debt you think is too old. In Texas, the statute of limitations is a defense you have to raise. If you don’t answer the suit, the court can enter a default judgment against you anyway.

  1. Note the deadline on the citation. In justice court, you usually have 14 days to file an answer.
  2. File an answer and say the debt is barred by limitations.
  3. Ask the plaintiff to prove they own the debt and the dates.
  4. Talk to a Texas consumer attorney. Many take these cases at no cost to you, because the Texas Debt Collection Act and federal law let them recover fees from collectors who break the rules [5].

Where to get help

Sources

  1. Tex. Civ. Prac. & Rem. Code § 16.004 (four-year limitations period)
  2. Tex. Fin. Code § 392.307 (time-barred debt, debt buyers)
  3. 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
  4. Tex. Const. art. XVI, § 28 (wage garnishment)
  5. Texas State Law Library: Time-Barred Debts

Common questions

How long can a debt collector sue me in Texas?

For most consumer debts, four years from the date the debt became due, which is usually around the date you defaulted or last paid.

Does paying on an old debt restart the clock in Texas?

Not for a debt buyer. Since 2019, Texas law says a payment on time-barred debt does not revive it, and a debt buyer can't sue on it.

Will an old debt stay on my credit report forever?

No. Most negative accounts come off about seven years after the account first went delinquent, whether or not you pay. That's a federal rule and separate from the Texas deadline to sue.

Can they garnish my wages in Texas?

For ordinary consumer debts like credit cards and medical bills, no. Texas only allows wage garnishment for things like child support, spousal maintenance, federal student loans and taxes.