Statute of limitations on debt in Texas
In Texas, a creditor or debt collector has 4 years to sue on a written contract, 4 years on an oral agreement, and 4 years on an open account such as a credit card (Tex. Civ. Prac. & Rem. Code § 16.004 (see also § 16.051)). For medical bills, the operative number is 4 years — Texas uses one 4-year period for all debt: § 16.004(a)(3) covers actions for 'debt,' § 16.004(c) covers open or stated accounts, and the residual § 16.051 is also 4 years — so a medical bill is 4 years whether treated as a written contract, oral contract, or open account.
| Written contracts | 4 years |
| Oral agreements | 4 years |
| Open accounts (credit cards) | 4 years |
| Medical debt | 4 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
Generally no — reviving a time-barred debt requires a signed written acknowledgment (Tex. Civ. Prac. & Rem. Code § 16.065); partial payment alone does not restart limitations under Texas case law, and for debt-buyer-owned consumer debt no payment or affirmation can revive it at all (Tex. Fin. Code § 392.307).This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Texas.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Texas Attorney General Consumer Protection Division.
Texas’s own collection law
The Texas Debt Collection Act (Tex. Fin. Code ch. 392) Prohibits threats, harassment, fraudulent or deceptive representations, and unfair collection practices by both creditors and third-party collectors; provides a private right of action (injunction plus actual damages and statutory damages) and tie-in to the DTPA. No license, but third-party debt collectors and credit bureaus must obtain a $10,000 surety bond and file a copy with the Texas Secretary of State before collecting (Tex. Fin. Code § 392.101).
Common questions
What is the statute of limitations on debt in Texas?
Texas allows 4 years to sue on written contracts, 4 years on oral agreements, and 4 years on open accounts such as credit cards (Tex. Civ. Prac. & Rem. Code § 16.004 (see also § 16.051)). Medical debt is generally treated as a written contract here — 4 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations in Texas?
Generally no — reviving a time-barred debt requires a signed written acknowledgment (Tex. Civ. Prac. & Rem. Code § 16.065); partial payment alone does not restart limitations under Texas case law, and for debt-buyer-owned consumer debt no payment or affirmation can revive it at all (Tex. Fin. Code § 392.307).
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in Texas
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Wyoming
- Medical debt laws in Connecticut
- Medical debt laws in Indiana
- Medical debt laws in Massachusetts
- Medical debt laws in Nevada
- Medical debt laws in Ohio
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.