Debt collectors in Texas

Credit cards: Credit card debt is sued as 'debt' under CPRC 16.004(a)(3) or as an 'open or stated account' under 16.004(c). Both periods are 4 years, so it does not matter which one a court applies. For open accounts, 16.004(c) says the claim accrues when the parties' dealings cease.

Payments and acknowledgments: CPRC 16.065: an acknowledgment of a claim that appears to be barred is not admissible to defeat limitations unless it is in writing and signed by the party to be charged. Texas law gives part payment alone no restarting effect, though case law on that point was not re-verified in this pass. For DEBT BUYERS ONLY, Fin. Code 392.307(d) (HB 996, eff. 9/1/2019) says that once a suit is barred, the cause of action 'is not revived by a payment of the consumer debt, an oral or written reaffirmation of the consumer debt, or any other activity on the consumer debt.' For original creditors, a signed written acknowledgment under 16.065 can still revive.

Judgments: A judgment becomes dormant if no writ of execution issues within 10 years of rendition. If a writ does issue, it becomes dormant when no further writ issues within 10 years of the last one, so issuing writs every 10 years keeps it alive indefinitely (CPRC 34.001). A dormant judgment can be revived by scire facias or an action of debt brought within 2 years after it becomes dormant (CPRC 31.006). The judgment-lien rules in Property Code ch. 52 were not checked.

Other rules: Read on official Texas Legislative Council statute files: CPRC 16.004, 16.065, 34.001, 31.006; Fin. Code 392.307; B&C 3.118. Fin. Code 392.307 is titled 'Collection of Certain Consumer Debt by Debt Buyers' and binds only 'debt buyers' (purchasers of consumer debt, excluding incidental acquisitions in mostly-performing portfolios and check-services companies). It bars them from suing or arbitrating time-barred consumer debt, bars revival by payment or reaffirmation, and requires the notice 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT...'. It does not bind original creditors. A new 392.308 (identity-theft victims, eff. 9/1/2025) does not change the SOL. Promissory notes get 6 years under UCC 3.118; other written contracts get 4.

• open account: Tex. Civ. Prac. & Rem. Code 16.004(a)(3), (c)
• written contract: Tex. Civ. Prac. & Rem. Code 16.004(a)(3) (debt); 16.051 residual 4 years
• oral contract: Tex. Civ. Prac. & Rem. Code 16.004(a)(3)
• promissory note: Tex. Bus. & Com. Code 3.118(a)
• judgment: Tex. Civ. Prac. & Rem. Code 34.001; 31.006
• payment restarts: Tex. Civ. Prac. & Rem. Code 16.065; Tex. Fin. Code 392.307(d)
• other: Tex. Fin. Code 392.307(c) (debt buyer may not directly or indirectly commence an action or initiate arbitration after the 16.004 or B&C 3.118 period expires), 392.307(e)-(f) (mandatory time-barred-debt notice); CPRC 16.066 (foreign judgments)

Sources: tcss.legis.texas.gov · tcss.legis.texas.gov · tcss.legis.texas.gov