When Can Creditors Sue You in Texas? Deadlines, Defenses & Next Steps

Can creditors sue you after you default in Texas? Yes, but most consumer-debt lawsuits must be filed within four years of when the claim accrues. Under state law, the statute of limitations for debt collection is set at four years in Texas, but the time frame varies in other states. The limitations period begins typically when a required repayment is missed or a default occurs. Some notes and checks follow six-year limits. Debt buyers cannot sue after the time limit, and your response deadline is short if you’re served.

Texas at a Glance: The Short Answer

Quick Answer: How long can a creditor sue you in Texas?

In Texas, creditors generally have four years to sue on most consumer debts; some promissory notes or checks use six years. If served, answer fast—deadlines can be 14 days or Monday after 20 days.

• Verify last payment date and when the claim accrued.
• Compare filing date to Texas’s 4‑ or 6‑year limit.
• File a timely Answer; plead limitations if time‑barred.

Time rules everything. For most credit card, medical bill, and personal loan cases, the creditor—often credit card companies—has four years to sue in Texas. That time frame is set by the state’s statute of limitations for common consumer claims like breach of contract and account stated. The time frame may differ for other types of debts. Some promissory notes and certain checks follow six-year rules under the UCC. Debt buyers face extra restrictions: if the debt is time-barred, they cannot sue, and they must give special disclosures when collecting.

A lawsuit usually follows missed payments and written notices from the creditor or a collection agency. Several factors influence whether a creditor or debt buyer will actually file a lawsuit, such as the amount owed, the age of the debt, and the likelihood of recovery. For borrowers seeking debt relief, understanding these rules early can prevent unnecessary legal consequences. Expect a petition and a citation (the document that triggers your answer deadline). In District or County Court, you must answer by 10:00 a.m. on the Monday after 20 days. In Justice Court (small claims), you must answer by the end of day on day 14, with normal weekend/holiday rules.

Credit reporting runs on its own clock. Collections and charge-offs can generally appear on your credit report for up to seven years, separate from the time limit to sue.

Bottom line: act fast, check the time limit, and save every court paper. If a debt is beyond the limit, that defense can end the case.

Need-to-Know Highlights

• Most Texas consumer debts: four‑year lawsuit deadline.
• Promissory notes or certain checks: often six years (UCC § 3.118).
• Debt buyers cannot sue or revive time‑barred debts.
• Answer deadlines: Day 14 (Justice) or Monday after 20 days.
• Wages protected; bank accounts garnishable only after judgment.

How a Texas Debt Lawsuit Starts

The case begins when a creditor, a collection law firm, or a debt buyer files a petition and has a citation served on you. This filing of a petition is a form of legal action taken to recover the debt. The citation contains your answer deadline—the clock to respond is tight. Lawsuits typically follow this path:

• Missed payments → internal collections with the original creditor
• Placement or sale to a debt collection agency or debt buyer before legal action is taken
• Lawsuit filed in District Court, County Court at Law, or Justice Court (small claims)

You’ll receive the petition (allegations and claimed amount) plus the citation (official notice to answer). If you ignore them, the plaintiff can ask for a default judgment. A default lets them pursue post-judgment remedies like bank account garnishment and judgment liens; wages are generally protected for consumer debts (see Garnishment below).

Early moves that help:

• Calculate your answer date immediately.
• If a third-party collector contacts you before or outside a lawsuit, request validation in writing and keep copies.
• Gather records: statements, the last payment date, letters, and screenshots of online account histories.

Do I get a court date right away?

Usually not. You are served with a petition and citation, which starts the answer countdown. The court often sets hearings only after you answer and the case moves forward. Expect a separate notice later specifying the date and time of any court hearing or trial.

Can a creditor sue without calling me first?

Yes. Texas law does not require a pre-suit phone call. If you wish to stop contacting from debt collectors before a lawsuit, you can send a formal written request asking them to cease communication. The only must-have is proper service of the lawsuit papers (petition and citation). Keep your address current and open every letter; formal service can happen by a constable, process server, or other court-approved methods.

Statute of Limitations in Texas

Key point: Most consumer-debt lawsuits in Texas must be filed within four years. The statute of limitations is determined by the state’s laws and may differ in other jurisdictions. Some negotiable instruments follow six years. Debt buyers cannot sue after the limit—and once the limitations expires, it prevents creditors and debt buyers from filing lawsuits to collect the debt. The expiration of the statute of limitations serves to prevent creditors from pursuing legal action on old debts.

Core rules

• Four years: typical for breach of contract and account stated claims used in credit card debt and many medical bill cases. Credit card debt is often subject to the four-year statute of limitations.
• Six years: applies to many promissory notes and unaccepted drafts/checks under UCC § 3.118. Promissory notes are typically governed by written contracts, which may have different limitation periods.

When does the clock start? In practice, the clock (limitations “accrual”) usually starts on the missed required payment that the creditor sues on or around charge-off events, not each late fee. Track the last payment date carefully; it often anchors the timeline.

Revival and acknowledgments

Texas has a general rule: a written, signed acknowledgment of a just debt can create a new obligation and restart limitations—but be careful. Making a partial payment alone may not restart the statute of limitations unless it is accompanied by a written, signed acknowledgment. Settlement letters should be crafted to avoid unintended revival.

There’s a crucial exception for debt buyers: once a consumer debt is time-barred, a debt buyer cannot revive the claim by a payment or acknowledgment, and must give mandatory disclosures if it tries to collect.

Why this matters: If the debt is time-barred, a lawsuit is barred—you should raise this as a defense. Credit reporting may still continue up to seven years because reporting timelines are different.

Texas Time Limits by Debt Type (Guide Table)

Type of debt	Typical claim	Limitations period (time period)	Special notes
Credit card	Breach/account stated	4 years	The credit card company is typically the original creditor. The time period for filing suit is four years. Watch the last payment date.
Medical bill	Breach	4 years	Original creditor must prove amount.
Personal loan (non-note)	Breach	4 years	Contract terms may affect accrual.
Promissory note	Note/UCC	6 years	UCC § 3.118 controls many notes.
Check	Draft/note	3–6 years	Depends on instrument and presentment.
Debt buyer claim	Same as above	Same as above	No revival after expiry; disclosures required.

What starts the 4-year clock?

The limitations period begins at the last missed required payment that triggered default (or near charge-off), not each late fee. Check statements and the creditor’s coding for the precise accrual date.

Does a $5 payment restart the clock?

Not by itself. In Texas, making a partial payment alone does not restart the statute of limitations. Generally, Texas requires a written, signed acknowledgment to revive a non-buyer claim—and debt-buyer claims cannot be revived once time-barred. If you are being sued by a credit card company over a time-barred debt, here are the first steps you should take.

Is a time-barred debt erased?

No. The statute of limitations is a lawsuit deadline, not a debt eraser. Even if the statute of limitations has expired, you still owe the debt; collectors may still ask you to pay, but they cannot lawfully sue once time-barred (debt buyers also must give disclosures).

Are student loans different?

Often, yes. Many federal student loans follow federal rules and may not have a typical state limitations bar. Private student loans can vary—review the contract and applicable statutes.

Personal Experience from Attorney Christopher Migliaccio

Recently, I met with a Dallas parent who’d been served by a debt buyer on an old credit card. They were scared and certain they owed, but the dates looked fuzzy. As we talked through options, I noticed the petition hedged the last-payment date and attached only a generic bill of sale. That reminded me why Texas’s statute of limitations and the 2019 debt-buyer law matter so much.

We built a timeline from bank records, credit reports, and the issuer’s charge-off codes. Then we filed a timely answer, pressed for chain-of-title documents, and moved for summary judgment on limitations. What struck me most was the relief on their face when the court set a hearing.

Over nearly 20 years, I’ve learned careful timelines win cases. This case reinforced that expired claims can’t be revived by small payments. The court dismissed with prejudice, and the family avoided fees and needless stress.

About the Author

Christopher Migliaccio, Managing Partner, Warren & Migliaccio, L.L.P. — Nearly 20 years helping Texans with debt defense and consumer protection. Lead Counsel Verified. Serving clients across Dallas, Collin, Denton, and Tarrant counties.

Profile: /attorneys/chris-migliaccio/

What Happens After You’re Sued (Answer, Defaults & Next Steps)

Deadlines move fast. In District or County Court, your answer is due by 10:00 a.m. on the Monday next after 20 days from service. In Justice Court, your answer is due by the end of the 14th day after service (if that falls on a weekend or holiday, the next business day applies). Responding to a debt lawsuit starts the legal process and initiates legal proceedings in court. Miss the deadline and the plaintiff can seek a default judgment.

Your options:

• Answer (a simple general denial works in many cases)
• Request records through discovery or informal requests
• Evaluate limitations and ownership (standing) defenses
• Consider settlement (lump-sum or payment plan) if appropriate
• Explore bankruptcy if multiple judgments or unmanageable debts loom

If a default is entered, the creditor can pursue post-judgment remedies like bank account garnishment and liens on non-exempt property. The creditor may also seek court costs in addition to the debt owed.

Seven quick steps after service (snippet-ready):

1. Note your exact answer date.
2. Calendar it.
3. File a general denial.
4. Collect statements and last-payment proof.
5. Check limitations and debt ownership.
6. Consider a realistic settlement plan.
7. Talk with a lawyer about defenses and options.

Can I file a general denial in Justice Court?

Yes. Justice Courts allow a simple general denial. You can file it in person or online where available. Keep proof of filing and delivery to the plaintiff.

What if I was served incorrectly?

Improper service can defeat a default and, in some cases, the judgment itself. Raise the issue as soon as possible and consult counsel about motions to quash or set aside.

What Texas Courts Consider

Texas judges look for standing, timing, proof, math, and the nature of legal actions taken to collect debts:

• Standing & ownership: A debt buyer must prove the chain of assignments from the original creditor to the current plaintiff.
• Limitations: The plaintiff must show a timely filing from the accrual date; legal actions to collect debts must comply with the statute of limitations, and debt buyers cannot revive expired claims.
• Evidence quality: Proper business-records affidavits, account statements, and contract terms must line up. Interest and fees must match the governing agreement and Texas law.
• Damages math: Principal, allowed interest, credits, and payments must tie out.

Local courts regularly hearing these cases include Dallas County Civil District Courts, Collin County District Courts and Courts at Law, Denton County Courts, Tarrant County Courts, and Justice Courts across each county.

What proof must a debt buyer show?

They must provide complete debt information, including a full chain of title, account records, and supporting documentation that establish the amount owed and the right to collect. Generic spreadsheets or a bare bill of sale rarely suffice without linking the specific account.

Your Rights with Collectors (Texas & Federal)

Two sets of laws protect you from unfair debt collection practices:

• FDCPA (Fair Debt Collection Practices Act): Enforces fair debt collection practices—no harassment, false statements, or unfair tactics are allowed. After the first written notice, you may demand validation; collection must pause until verification is mailed. If your rights are violated, you can file a complaint with the Consumer Financial Protection Bureau.
• Texas Finance Code Chapter 392: Bars deceptive practices and, for debt buyers, requires time-bar disclosures and forbids suit or arbitration on time-barred debt.

Practical tips:

• Keep communications in writing.
• Use certified mail for disputes and keep copies.
• Save voicemails, texts, envelopes, and call logs.
• Never share banking details until you have a written agreement.
• To stop contacting from debt collectors, send a written request asking them to cease communication.

How do I ask for validation?

After receiving a validation notice from the collector, send a timely written request if you need more information. Ask for the name of the original creditor, the amount owed, and account documentation. Until they mail verification, the collector should pause collection efforts.

Credit Reporting & Lawsuits

Debt collection and charge-off entries can stay on your credit report for up to seven years from the original delinquency that led to the collection—this is separate from the lawsuit deadline. Paying a collection does not necessarily reset the seven-year reporting period.

Disputes: Review all debt information on your credit report carefully. If something is wrong—wrong balance, wrong dates, or mixed identity—dispute the inaccurate debt information in writing with the credit bureaus and the furnisher. Include proof (statements, letters, police report if identity-theft-related) and keep copies.

Post-judgment: Judgments can affect your report according to reporting rules and public-record practices. Keep orders and satisfactions on file.

Does paying an old debt fix my credit right away?

Not always. Payment can update the status (e.g., “paid collection”), but the seven-year reporting clock usually relates to the delinquency date, not the payoff date.

Garnishment & Bank Levies in Texas

Texas is protective of wages. For most consumer debts, current wages are exempt from garnishment under the Texas Constitution. Child support and spousal maintenance are the major exceptions.

Bank accounts are different. After a judgment, a creditor can ask the court for a writ of garnishment to freeze and seize money from your bank account, but only up to a certain amount as allowed by law. Some funds are protected even in a bank—such as Social Security and certain benefits—if they’re identifiable as exempt.

What to do:

• Respond to lawsuits to avoid default.
• If your account is frozen, act quickly—talk to counsel about exemptions and motions to dissolve.
• Keep exempt funds in accounts where they’re clearly traceable as exempt.

Can a creditor freeze my bank account?

Yes, but only after they obtain a judgment and a writ of garnishment from the court. If your account is frozen, move fast to protect exempt funds and to contest improper seizures.

Options to Resolve a Debt Lawsuit

Taking proactive steps to address debt issues before they escalate to lawsuits can help you avoid legal complications and protect your financial future.

You have choices. The right path depends on the evidence, the timeline, and your budget.

• Defend: Challenge limitations, standing, and the amount. Demand business records and the chain of assignments.
• Settle: Negotiate a lump-sum or payment plan that fits your budget. Get written terms that include a with-prejudice dismissal upon payment. Avoid admissions that could revive non-buyer claims.
• Bankruptcy: Chapter 7 or Chapter 13 can stop collection and, in many cases, discharge unsecured debts. Discuss exemptions and goals with counsel.

When to call us: Right after service, before the answer deadline, or if bank-garnishment risks appear.

Quick Answers: Micro Q&A

• How long can a creditor sue in Texas? Usually 4 years; some notes are 6 years.
• When does the clock start? When a required payment is missed (or near charge-off).
• Do small payments restart the clock? Only if there’s a written, signed acknowledgment—and not for debt-buyer claims once expired.
• Can wages be garnished? Not for most consumer debts; child/spousal support are exceptions.
• Can bank accounts be garnished? Yes, after judgment with a writ.
• How fast must I answer a lawsuit? District/County: Monday after 20 days; Justice Court: Day 14.
• What if the debt is time-barred? The lawsuit is barred; collectors may still ask you to pay.
• Must collectors validate debts? Yes, on a timely written request.
• How long does a collection stay on credit? Up to 7 years.
• Who can sue—original creditor or buyer? Either, but buyers face extra rules and disclosures.
• Can a text or email revive a debt? Only if it counts as a signed writing under Texas rules; be cautious.
• What if I ignore papers? Risk of default judgment and post-judgment collection.
• What happens when a debt collector sues? When a debt collector sues, you receive a court summons and must respond by the deadline. If you do not answer, the court may issue a default judgment, which can lead to garnishment or other collection actions.
• Can a debt collector sue after the statute of limitations? Once the statute of limitations expires, a debt collector cannot sue to collect the debt. It is generally illegal for a debt collector to sue or threaten legal action after the limitations period, though they may still contact you in some cases.

Common Mistakes We’ve Seen

• Missing the answer deadline. Courts enter defaults quickly.
• Reviving a claim by accident. A signed writing can revive some non-buyer claims.
• Assuming time-barred = erased from credit. Reporting rules differ.
• Paying a debt buyer on an expired claim. They can’t sue if time-barred; know your rights.
• Not understanding that creditors cannot use the courts to collect a debt after the statute of limitations has expired.
• Bringing no records to court. The last payment date and account histories matter.
• Relying on phone calls only. Keep a paper trail with letters and emails.

Texas Case Law Spotlight

Williams v. Unifund CCR Partners (Tex. App.—Houston [1st Dist.] 2008). The court held that a credit-card claim is not a proper sworn account under Rule 185. Creditors must still prove the contractual basis and account records, not rely on a shortcut pleading. This case guides trial courts on the evidence needed in credit-card suits. Some debt collection cases, especially those involving federal statutes like the FDCPA, may also be heard in federal court.

Dodeka, L.L.C. v. Campos (Tex. App.—San Antonio 2012). The decision highlights recurring limitations and proof issues in debt-buyer cases, including the need for a clear chain of title and reliable dates for accrual. It underscores why accurate timelines and proper assignments matter for standing and damages.

Frequently Asked Questions

FAQs About Limitations & Wage Protection

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What is the statute of limitations on debt in Texas?

Texas creditors have four years to file most consumer debt lawsuits from your last payment or default date. After expiring, debts become “time-barred” and lose legal enforceability. Promissory notes follow six-year limits under Texas UCC §3.118. Debt buyers cannot sue or revive expired claims per Finance Code §392.307.

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Can debt collectors garnish wages in Texas?

No, the Texas Constitution prohibits wage garnishment for consumer debts including credit cards and medical bills. Only child support, federal student loans, and IRS debts can garnish wages. Once deposited in banks, funds become vulnerable—but Social Security and veterans’ benefits remain protected if traceable. If you have concerns about debt collector harassment, be aware that Texas and federal law provide protections against aggressive and illegal debt collection practices.

FAQs About Lawsuit Deadlines & Property Exemptions

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How long do I have to respond to a debt lawsuit in Texas?

Justice Court requires response by Day 14’s end after service. District/County Court deadlines are 10 a.m. Monday after 20 days. Missing deadlines triggers automatic default judgment. File immediately—Texas courts rarely grant extensions. A simple general denial works initially while evaluating defenses.

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What property is protected from creditors in Texas?

Texas protects unlimited homestead value, $50,000 personal property (singles), and $100,000 (families). Protected assets include:

• One vehicle per licensed driver
• Household goods and work tools
• Retirement accounts (401k, IRA)
• Current wages from garnishment
• Two firearms

FAQs About Bank Accounts & Payment Effects

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Can creditors freeze my bank account in Texas?

Yes, after obtaining judgment, creditors can request garnishment writs to freeze bank funds. Act within 10 days to claim exemptions. Protected funds include Social Security, disability, veterans’ benefits, and child support if traceable. Keep exempt funds in separate accounts with clear documentation.

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Does making a payment restart the statute of limitations in Texas?

Texas’s 2019 debt-buyer law prevents payments from restarting limitations once debt is sold. Original creditor debts may reset with signed written acknowledgments—not mere payments. Never sign settlement letters without reviewing revival language. Consult an experienced debt defense attorney before paying debts over three years old.

FAQs About Suits After 4 Years, Defaults & Judgments

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Can creditors sue me after 4 years in Texas?

Creditors can file after four years, but you have an absolute defense. You must raise statute of limitations in your Answer—courts won’t dismiss automatically. Compare filing date to last payment date. Texas Finance Code §392.307 prohibits debt buyers from suing time-barred debts.

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What happens if I don’t respond to a debt lawsuit in Texas?

Non-response triggers default judgment for full amount plus attorney fees. Creditors win without proving their case, gaining bank levy and property lien powers. Default judgments last 10 years, accrue interest, and can be renewed. Vacating defaults requires proving valid excuse within 30 days.

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What happens after a creditor wins a judgment in Texas?

Creditors gain bank levies, property liens, and asset discovery powers. Judgments remain enforceable 10 years at statutory interest rates. While wages stay protected, creditors can repeatedly levy accounts and seize non-exempt property. Post-judgment discovery forces disclosure of assets and employment.

FAQs About Service Requirements & Attorney’s Fees

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Can a creditor sue without calling me first?

Yes, Texas requires no pre-lawsuit contact—only proper service of petition and citation. The FDCPA requires collectors (not original creditors) to send written notice within five days of first contact. Respond by deadline regardless of prior communication history.

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Can the creditor add attorney’s fees to my debt?

Creditors add fees only if contracts allow or courts award them. Most credit agreements include 15-33% fee provisions. Texas requires reasonableness and necessity proof. Contest excessive fees in your Answer—judges routinely reduce unreasonable amounts. Demand detailed billing records during discovery.

FAQs About Proving Limitations, Medical Bills & Vacating Defaults

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How do I prove the 4-year statute of limitations has expired?

Gather last payment proof: bank statements, credit reports, account records, charge-off dates. File evidence with your Answer explicitly raising limitations defense. Build timeline comparing accrual to filing date. Request creditor’s payment history in discovery—burden of proof is yours.

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Are medical bills treated differently in Texas debt lawsuits?

Medical debt follows standard four-year limitations but requires detailed documentation. Request itemized bills showing actual services. Nonprofit hospitals must offer financial assistance before suing. Medical providers cannot garnish wages but pursue standard judgment remedies including bank levies.

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Can I vacate a default judgment in Texas?

File Motion to Vacate within 30 days of discovering judgment. Prove both valid excuse (improper service, accident, mistake) and meritorious defense (limitations, wrong party). Texas courts strictly enforce requirements. After 30 days, options shrink dramatically—act immediately upon notice.

Key Facts Box

• Most Texas consumer debt suits have a four-year limit.
• Some notes and checks may have six-year rules.
• Debt buyers cannot sue after expiration or revive an expired claim.
• A signed, written acknowledgment can revive some non-buyer claims.
• Answer deadlines: Monday after 20 days (District/County); 14 days (Justice).
• Wages are protected from garnishment for most consumer debts.
• Bank accounts can be garnished after judgment under Chapter 63.
• FDCPA/TDCA protect against unfair collection; validation is available.
• Credit reporting: up to seven years for most negative items.

Glossary

Account stated — An agreement that a balance is correct for past transactions.

Charge-off — Creditor writes off a delinquent account; you may still owe.

Citation — The court’s notice that you’ve been sued and must respond.

Collection agencies — Companies hired or assigned to collect unpaid debts; they may pursue collection through calls, letters, or legal actions such as filing lawsuits and seeking court judgments.

Debt buyer — A company that purchases charged-off consumer debts.

Debt collection lawsuit — A case to recover an unpaid debt.

Default judgment — Judgment entered when no answer is filed.

FDCPA — Federal law regulating debt collectors, including validation rights.

Garnishment — A court order seizing funds held by a third party (e.g., a bank). One method of asset protection that can help guard against garnishment is placing property in a trust.

Justice Court — Texas small-claims court with simplified rules.

Limitations period — Time window to file suit (often 4 or 6 years).

Validation — Your right to request verification of a debt after first notice.

Timeline / Flowchart

The flow below shows a typical Texas debt case lifecycle.

Missed payment → Creditor calls/letters → Placement or sale to a collection agency/debt buyer → Legal action (lawsuit filed) → Petition served with citation → Answer deadline (Monday after 20 days in District/County; Day 14 in Justice) → Discovery/negotiation (records, limitations, standing) → Judgment (trial or default) or dismissal/settlement → Post-judgment collection (bank levy, liens; wages generally protected for consumer debts).

Legal Authorities (Endnotes)

1. Tex. Civ. Prac. & Rem. Code § 16.004 — Four-year limitations period — statutes.capitol.texas.gov.
2. Tex. Civ. Prac. & Rem. Code § 16.065 — Acknowledgment must be in a signed writing — statutes.capitol.texas.gov.
3. Tex. Bus. & Com. Code § 3.118 — UCC limitations on notes/drafts/checks — statutes.capitol.texas.gov.
4. Tex. R. Civ. P. 99(b) — Monday-after-20-days answer deadline (District/County) — Texas Judicial Branch PDF.
5. Tex. R. Civ. P. 502.5 — Justice Court answer due by end of Day 14 — Texas Judicial Branch PDF.
6. Tex. Civ. Prac. & Rem. Code ch. 63 — Garnishment; § 63.004 current wages exempt — statutes.capitol.texas.gov.
7. Tex. Fin. Code § 392.307 — Debt buyers: no suits after SOL; no revival; required disclosures — statutes.capitol.texas.gov.
8. FDCPA, 15 U.S.C. § 1692g — Debt validation rights — govinfo.gov.
9. FCRA, 15 U.S.C. § 1681c — Seven-year reporting limits — FTC compiled text (May 2023).
10. Texas Constitution art. XVI, § 28 — No garnishment of current wages (consumer debts) — statutes.capitol.texas.gov.

Note: Some states, such as South Dakota, apply different interest rates to court judgments (e.g., South Dakota allows a 14% interest rate until the debt is paid). In some cases, negotiating a lower interest rate with creditors or through a debt management plan may be possible.

Conclusion & Next Steps Regarding When Can Creditors Sue You

If you’ve been served, acting promptly is important. Understanding your rights as a borrower, how lenders may act, and the potential impact on your credit score in Texas is critical. Our experienced credit card lawsuit defense attorneys in Texas can help you understand your options, evaluate defenses, and explore resolutions tailored to your situation—whether it’s negotiating, reviewing documentation, or considering other legal avenues. Every case depends on its unique facts and the law; outcomes cannot be guaranteed. This information is for general purposes and not legal advice.

During a free consultation, we can discuss your circumstances, answer your questions, and provide you with legal aid. Call us at (888) 584-9614 or contact us online to start planning your next steps today.