If you owe a debt in Texas, you may be wondering how long the creditor has to sue you for the debt. The answer depends on several factors, including the type of debt and the statute of limitations.
What is the Statute of Limitations for Debt Collection in Texas?
The statute of limitations for debt collection in Texas varies depending on the type of debt. In general, the statute of limitations ranges from two to six years. After the statute of limitations has expired, the creditor is no longer able to sue you for the debt.
Here is a breakdown of the statute of limitations for some common types of debts in Texas:
- Credit card debt: four years
- Written contracts: four years
- Oral contracts: four years
- Promissory notes: four years
- Open accounts (e.g., utility bills): four years
- Judgments: 10 years
It is important to note that the statute of limitations begins from the date of the last payment or activity on the account. So, if you made a payment on a debt that was already past the statute of limitations, the clock may reset, and the creditor may have additional time to sue you.
What Happens If a Creditor Sues You After the Statute of Limitations Has Expired?
If a creditor sues you for a debt after the statute of limitations has expired, you may have a defense against the lawsuit. You can raise the statute of limitations as a defense, and the court may dismiss the case.
However, it is important to respond to the lawsuit and raise the defense. If you do not respond, the court may enter a default judgment against you, and the creditor may be able to garnish your wages, freeze your bank accounts, or take other collection actions.
How Can a Debt Defense Attorney Help You?
If you are being sued for a debt in Texas, it is important to seek the advice of a debt defense attorney. An attorney can help you understand your legal rights and options and represent you in court.
A debt defense attorney can also help you negotiate with the creditor to settle the debt or set up a payment plan. If the creditor has violated your rights under the Fair Debt Collection Practices Act or other consumer protection laws, an attorney can help you file a lawsuit against the creditor.
In addition, an attorney can help you understand the statute of limitations and whether it applies to your case. If the statute of limitations has expired, an attorney can raise it as a defense and potentially get the case dismissed.
Conclusion
The statute of limitations for debt collection in Texas varies depending on the type of debt. Once the statute of limitations has expired, the creditor is no longer able to sue you for the debt. However, it is important to respond to any lawsuits filed against you and raise the statute of limitations as a defense. If you need help with a debt collection lawsuit, consider speaking with a debt defense attorney who can advise you on your legal rights and options.
How Much Does it Cost to Hire a Debt Lawsuit Defense Attorney?
We charge a flat fee for your lawsuit defense based on the amount of the lawsuit. You can either pay upfront in full or finance it with a payment plan as shown below.
| Amount of the Debt in the Lawsuit: | Flat Legal Fee: |
| Less than $1,000 | $499 |
| $1,001-$2,000 | $599 |
| $2,001-$3,000 | $749 |
| $3,001-$4,000 | $849 |
| $4,001-$5,000 | $999 |
| $5,001-$7,000 | $1,249 |
| $7,001-$10,000 | $1,499 |
| $10,001-$12,000 | $1,749 |
| $12,001-$14,000 | $1,999 |
| $14,001-$16,000 | $2,249 |
| $16,001-$18,000 | $2,499 |
| $18,001-$20,000 | $2,999 |
| Over $20,000 | Call for Pricing |
Flexible Payment Plans Available