Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Texas
How long a creditor or debt collector has to sue you over a debt in Texas, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Four years. Texas applies its 4-year debt and open/stated-account limitation (§16.004) to credit cards; the residual 4-year statute (§16.051) reaches anything not otherwise specified. A merchant open or stated account accrues when dealings cease (§16.004(c)).
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
For debt buyers, revival is abolished by statute: Tex. Fin. Code §392.307 (HB 996, effective September 1, 2019) says that once a debt is time-barred, no payment, reaffirmation, or other activity revives it. (Original creditors may still rely on a common-law written acknowledgment.)
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Texas classifies each debt type.
| Debt type | Limit in Texas | How it's classified |
|---|---|---|
| Credit card | 4 years | Debt / open or stated account |
| Written contract | 4 years | — |
| Oral contract | 4 years | — |
| Open account | 4 years | — |
| Promissory note | 6 years (UCC §3.118) | A negotiable promissory note falls under the UCC at 6 years. |
HB 996 (Tex. Fin. Code §392.307) (effective 2019-09-01): HB 996 added Tex. Fin. Code §392.307, barring debt buyers from reviving a time-barred consumer debt through any payment, reaffirmation, or activity.
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Texas debtors get wrong
Texas keeps a clean 4-year window across written, oral, and open accounts, and applies it to credit cards through §16.004 (with §16.051 catching anything left over). The state's standout protection is aimed at debt buyers: since 2019, Finance Code §392.307 says a debt buyer cannot revive a time-barred consumer debt with a payment, a reaffirmation, or any other activity. That closes the classic trap where a debt collector coaxes a small payment to reset the clock — though an original creditor can still rely on a signed written acknowledgment.
Common questions
What is the statute of limitations on credit-card debt in Texas?
Four years, under Civil Practice & Remedies Code §16.004, with the residual 4-year statute (§16.051) as a backstop. A merchant open or stated account accrues when dealings cease.
Can a debt collector restart the clock on old debt in Texas?
Not a debt buyer. Finance Code §392.307 (effective 2019) bars debt buyers from reviving a time-barred consumer debt through a payment, reaffirmation, or other activity. Original creditors may still rely on a signed written acknowledgment.
When does a Texas debt become time-barred?
Generally four years after the claim accrues — at default, first missed payment, or charge-off. For a merchant open or stated account, the clock runs from when dealings between the parties ceased.
Does the statute of limitations erase my Texas debt?
No. It gives you a defense if you are sued after the period runs. The debt still exists, though for debt buyers it can no longer be revived once barred.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.