Legal Question in Credit and Debt Law in Texas

Statute of Limitations in TX

Hello:

I read that the statute of limitations for debtors to file a lawsuit against me is 4 years (in TX). Am I correct in this?

Also, if it is and I have and agency saying they will file a judgment against me could I use the basis of the expired statute of limitations to have it dismissed? And once dismissed will this still be on my credit report?

Thank you for your response.


Asked on 2/11/04, 8:12 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Statute of Limitations in TX

The statute of limitations for a suit on a debt is four years. Limitations is an affirmative defense. If they file suit, you raise the defense and move to have summary judgment that they're too late.

The debt may show up on your credit report for seven years from the date of default. Longer than that (unless due to bankruptcy which is 10 years) and the report is improper.

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Answered on 2/12/04, 10:00 am


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