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Statute of Limitations on Debt in Texas

In Texas, a creditor has 4 years to sue on a debt or contract, written or oral, and on an open account; promissory notes have 6 years under the commercial code.

Last checked . General information, not legal advice.

Texas at a glance

Written contracts
4 years
Suits on a debt have 4 years; other contract claims fall under the 4-year residual period.
Oral contracts
4 years
Promissory notes
6 years
Tex. Bus. & Com. Code 3.118 for notes payable at a definite time.
Open accounts
4 years
Actions on an open or stated account have 4 years.

Sources

Last checked

The rules in Texas

What is the statute of limitations for a written contract in Texas?

Written contracts in Texas: 4 years. Suits on a debt have 4 years; other contract claims fall under the 4-year residual period.

What is the statute of limitations for an oral contract in Texas?

Oral contracts in Texas: 4 years.

What is the statute of limitations on a promissory note in Texas?

Promissory notes in Texas: 6 years. Tex. Bus. & Com. Code 3.118 for notes payable at a definite time.

What is the statute of limitations on an open account, such as a credit card, in Texas?

Open accounts in Texas: 4 years. Actions on an open or stated account have 4 years.

Where do the Texas statutes of limitations on debt come from?

The rules above come from Tex. Civ. Prac. & Rem. Code 16.004, Tex. Civ. Prac. & Rem. Code 16.051 and Tex. Bus. & Com. Code 3.118. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.