Statute of limitations on debt in Texas

4 years to sue on a written contract or an open account (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307).

Short answer

For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). Collectors must also warn you about old debts: For debt buyers. If a debt buyer (or a collector working for one) collects a debt that is too old to sue on, its first written notice must say in conspicuous type: 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT.' The rest of the notice depends on whether the debt can still be, and is being, reported to credit bureaus.

Written contracts
4 years
Open accounts and unwritten agreements
4 years
Notice that a debt is too old?
Yes

Texas's time limits to sue on a debt

Law
Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307
Official text
Read the law

Texas's 4 years for written contracts is shorter than the most common limit in our 48 state guides (6 years); 3 states, Texas included, have this limit. Next door: 6 years in New Mexico, 5 years in Oklahoma, 5 years in Arkansas and 10 years in Louisiana.

Must a collector say a debt is too old in Texas?

Yes, for debt buyers. If a debt buyer (or a collector working for one) collects a debt that is too old to sue on, its first written notice must say in conspicuous type: 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT.' The rest of the notice depends on whether the debt can still be, and is being, reported to credit bureaus. (Tex. Fin. Code § 392.307(e)-(f))

Your rights against collectors in Texas

Your right to sue a collector: You can sue for actual damages and an order to stop the conduct. If you win, the court awards attorney's fees and costs. For some violations (no bond, ignoring a dispute, threatening arrest) you get at least $100 per violation.

Can a payment restart the clock in Texas?

For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). For debt buyers, once the 4 years have run, a payment or a written or oral reaffirmation does NOT restart the clock (Tex. Fin. Code § 392.307(d)).

More Texas rules on old debts

  • A debt buyer cannot sue you or start arbitration once the 4-year limit has run, and a payment does not restart it. (Tex. Fin. Code § 392.307(c)-(d))

Is my debt too old? Check Texas's time limit

Texas: 4 years for a written contractEnter the date of your last payment to see when the time limit ends.

Sued on an old debt in Texas?

Say in your written answer that the debt is too old. Deadline in Texas: Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). County or district court: by 10:00 a.m. on the Monday after 20 days have passed since you were served (Tex. R. Civ. P. 99(b)).

If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks.

What to do if you are sued in Texas

Handling an old debt in Texas

  1. Don't pay or sign yet

    In Texas: For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065).

  2. Ask the collector for proof

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  3. Report a suit on an old debt

    Report it to Texas Attorney General, Consumer Protection Division and to the CFPB at consumerfinance.gov/complaint.

Old debts under federal law

A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). All the federal rules: time-barred debt guide.

Where to get free help in Texas

Questions about old debts in Texas

When does a debt become too old to sue on in Texas?

4 years for written contracts and 4 years for open accounts and unwritten agreements (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307).

Can a small payment revive an old debt in Texas?

For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). For debt buyers, once the 4 years have run, a payment or a written or oral reaffirmation does NOT restart the clock (Tex. Fin. Code § 392.307(d)).

Do collectors in Texas have to warn me that a debt is time-barred?

Yes, for debt buyers. If a debt buyer (or a collector working for one) collects a debt that is too old to sue on, its first written notice must say in conspicuous type: 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT.' The rest of the notice depends on whether the debt can still be, and is being, reported to credit bureaus. (Tex. Fin. Code § 392.307(e)-(f))

More for Texas

Sources

Last checked: Oct 24, 2026.

Federal sources