Debt Collection Problems

Debt Collection Laws

Texas Statute of Limitations on Debt Collection

If you have recently been sued, or served with a lawsuit, you need to take action. Don't sit around and do nothing. If you fail to act, the creditor will get a judgment against you. Once that happens, they can garnish wages, attach to assets or property, and pursue this for 10 or more years thereafter. Read the summons carefully and follow the instructions provided. Call for help if you need it. But most importantly, don't be late. You may have a defense to the lawsuit such as a claim that the complaint was not filed within the statute of limitations. Every lawsuit has a limit of time with which it must be filed. If the lawsuit filed against you was outside of the statute of limitations, you may be able to get that case dismissed.

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Talk to an experienced debt collection attorney at SmithMarco, P.C. today at 888-822-1777 or contact us here for a free consultation.