In Texas, you generally have 4 years to sue on a contract or debt and 2 years to sue for property damage or personal injury, counted from the day the claim accrues. Those periods come from Tex. Civ. Prac. & Rem. Code §§ 16.051, 16.004(a)(3) and 16.003(a).
By the founder of SmallClaimsHelper
Texas gives you 4 years for most contract and debt claims but only 2 years for property damage and personal injury, and filing a day late can cost you an otherwise solid case.
This guide covers the five mistakes people make with those deadlines, whether they're suing or being sued. You'll see which period fits your claim, what can pause the clock, and why a small payment on an old debt doesn't always do what a collector suggests.
1. Are you using the 4-year deadline for a 2-year claim?
This is the costliest mistake, because the shorter deadline applies to some of the most common disputes. Property damage and personal injury get 2 years, while contract and debt claims get 4. A dented car or a ruined fence doesn't get the longer period just because you've been negotiating with the other side.
| Type of claim | Deadline | Statute |
|---|---|---|
| Written contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.051 (see also § 16.004(a)(3)) |
| Oral contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.051 (see also § 16.004(a)(3)) |
| Unpaid debt or open account | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) |
| Property damage | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Some disputes could be described either way. A contractor who breaks your window while doing a job you hired him for might raise both a contract question and a property damage question. If your facts could fit both, treat the 2-year date as your real deadline so you aren't relying on winning that argument.
2. Are you assuming an oral agreement gets less time?
Don't. Many states give handshake deals a shorter period, but Texas doesn't draw that line. An oral contract gets the same 4 years as a written one under § 16.051, so a verbal promise to repay a loan isn't out of time just because it's three years old.
Your harder problem is proof. You'll need to show the agreement existed and when it was broken, so gather texts, emails, payment app records and bank statements while they're still easy to find. Those records also help fix the date your 4 years started.
3. Are you counting from the wrong day?
The statutes run from the day the claim accrues, which may not be the day you signed the contract or the day you first got annoyed. On an unpaid loan, for example, look at when the payment you're suing over actually came due. If the date is unclear, use the earliest date the other side could reasonably argue for.
A few rules can move the deadline, though you shouldn't plan around them without checking your facts:
- Weekends and holidays: If the last day falls on a Saturday, Sunday or holiday, § 16.072 extends the period to the next day county offices are open.
- The defendant left Texas: Under § 16.063, a person's absence from the state suspends the deadline for the period of that absence.
- Legal disability: Section 16.001 treats a person under 18 or of unsound mind as having a legal disability, which can change the count. Read the section or ask a lawyer if this applies to you.
4. Do you think a promise or small payment restarts an old debt?
Often it doesn't. Under § 16.065, an acknowledgment of a claim that appears to be time-barred can't be used to defeat the deadline unless it's in writing and signed by the person being held to it. A casual phone promise to pay falls short of that.
Consumers have extra protection against debt buyers. Under Tex. Fin. Code § 392.307, a debt buyer can't sue or start arbitration to collect a consumer debt after the limitations period has expired. Once a claim is barred under that section, a payment, an oral or written reaffirmation, or other activity on the debt doesn't revive it.
That protection is specific to debt buyers and consumer debts, so it won't cover every creditor. If you're suing a friend who sent you a signed note acknowledging the debt, keep that note, because it may matter. If a collector is pressing you on an old debt, check the dates before you pay anything or sign anything.
5. Are you ignoring a lawsuit because you think it's too old?
Never skip the answer, even if the claim looks years out of time. In justice court, your answer is due by the end of the 14th day after you were served, under Tex. R. Civ. P. 502.5(d). If you don't answer on time, the judge must render a default judgment once service is shown to be proper, under Tex. R. Civ. P. 503.1(a).
So file on time and say plainly in your answer that the deadline to sue has passed, including the dates that show it. Bring the proof to your hearing: the contract, the last payment record or the date of the accident.
You may have your own claim, too. Rule 502.6(a) lets a defendant file a counterclaim within the justice court's jurisdiction, related or not. And § 16.069 gives extra time for a counterclaim arising from the same transaction or occurrence, as long as it's filed no later than the 30th day after your answer is required. If you're the one suing, remember that claims must fit within the $20,000 limit set by Tex. Gov't Code § 27.031(a)(1) and Tex. R. Civ. P. 500.1(a), and that filing costs $54 ($21 state + $33 local filing fee) plus a service fee set by each county.
About SmallClaimsHelper: SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney.
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Check if your Texas claim qualifies →Frequently asked questions
Does the deadline stop while I'm negotiating with the other side?
Don't count on it. None of the rules covered here pause the clock just because you're talking or exchanging offers. Keep negotiating if it's useful, but file before your deadline if the talks haven't produced a signed deal. A filed case can still settle later.
Is the deadline the same for a security deposit dispute?
Not necessarily, and this guide doesn't set a specific period for it. Deposit disputes are often framed as contract claims, which get 4 years under Tex. Civ. Prac. & Rem. Code § 16.051, but the right period depends on the claim you're actually making. File early rather than testing the outer limit. If you're close to a deadline, ask a lawyer which period applies.
What if a debt collector calls about a debt from six years ago?
Check the date of your last payment and the date the debt came due first. A collector isn't the final word on whether the debt can still be enforced. If the collector is a debt buyer and the limitations period has expired, Tex. Fin. Code § 392.307 bars it from suing or starting arbitration on a consumer debt. Be careful before signing anything, and answer any lawsuit by the deadline even if you think it's too late.
Can I still sue if the deadline passed yesterday?
Check first whether the last day fell on a Saturday, Sunday or holiday, because § 16.072 extends it to the next day county offices are open. Then check whether the defendant was out of Texas, since § 16.063 can suspend the period during that absence. If neither applies, the defendant can raise the expired deadline as a reason to lose your case. A lawyer can tell you quickly whether another exception fits your facts.