What is statute of limitations in Texas for collecting debt?
Full Question:
Answer:
A statute of limitations is a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state and by type of claim. Federal statutes set the limitations for federal lawsuits. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is lost forever. In some instances, a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or fraud. The contractual methods for dealing with statutes of limitations restrictions include a new promise to pay or an acknowledgment of a debt from which such promise may be inferred, or contractual limitation periods and waivers of the defense.
The following are Texas statutes:
§ 16.004 CIV. PRAC. & REM. CIV. PRAC. & REM. Four-Year Limitations Period
(a) A person must bring suit on the following actions not later than
four years after the day the cause of action accrues:
(1) specific performance of a contract for the conveyance of real
property;
(2) penalty or damages on the penal clause of a bond to convey real
property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day of the
death, resignation, removal, or discharge of the executor,
administrator, or guardian.
(c) A person must bring suit against his partner for a settlement of
partnership accounts, and must bring an action on an open or stated
account, or on a mutual and current account concerning the trade of
merchandise between merchants or their agents or factors, not later than
four years after the day that the cause of action accrues. For purposes
of this subsection, the cause of action accrues on the day that the
dealings in which the parties were interested together cease.
§ 16.051 CIV. PRAC. & REM. CIV. PRAC. & REM. Residual Limitations Period
Every action for which there is no express limitations period, except
an action for the recovery of real property, must be brought not later
than four years after the day the cause of action accrues.
§ 16.063 CIV. PRAC. & REM. CIV. PRAC. & REM. Temporary Absence From
State
The absence from this state of a person against whom a cause of action
may be maintained suspends the running of the applicable statute of
limitations for the period of the person's absence.
§ 16.064 CIV. PRAC. & REM. Effect of Lack of Jurisdiction
(a) The period between the date of filing an action in a trial court
and the date of a second filing of the same action in a different court
suspends the running of the applicable statute of limitations for the
period if:
(1) because of lack of jurisdiction in the trial court where the
action was first filed, the action is dismissed or the judgment is set
aside or annulled in a direct proceeding; and
(2) not later than the 60th day after the date the dismissal
or other disposition becomes final, the action is commenced in a
court of proper jurisdiction.
(b) This section does not apply if the adverse party has shown in
abatement that the first filing was made with intentional disregard of
proper jurisdiction.
§ 16.068 CIV. PRAC. & REM. CIV. PRAC. & REM. Amended and Supplemental
Pleadings
If a filed pleading relates to a cause of action, cross action,
counterclaim, or defense that is not subject to a plea of limitation when
the pleading is filed, a subsequent amendment or supplement to the
pleading that changes the facts or grounds of liability or defense is not
subject to a plea of limitation unless the amendment or supplement is
wholly based on a new, distinct, or different transaction or occurrence.
§ 16.069 CIV. PRAC. & REM. Counterclaim or Cross Claim
(a) If a counterclaim or cross claim arises out of the same transaction
or occurrence that is the basis of an action, a party to the action may
file the counterclaim or cross claim even though as a separate action it
would be barred by limitation on the date the party's answer is
required.
(b) The counterclaim or cross claim must be filed not later than the
30th day after the date on which the party's answer is required.
§ 16.072 CIV. PRAC. & REM. Saturday, Sunday, or Holiday
If the last day of a limitations period under any statute of
limitations falls on a Saturday, Sunday, or holiday, the period for
filing suit is extended to include the next day that the county offices
are open for business.
The following is Rule 165a of the Texas Rules of Civil Procedure:
RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice. Notice of the court's intention to dismiss and the date and place of the dismissal hearing shall be sent by the clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service. At the dismissal hearing, the court shall dismiss for want of prosecution unless there is good cause for the case to be maintained on the docket. If the court determines to maintain the case on the docket, it shall render a pretrial order assigning a trial date for the case and setting deadlines for the joining of new parties, all discovery, filing of all pleadings, the making of a response or supplemental responses to discovery and other pretrial matters. The case may be continued thereafter only for valid and compelling reasons specifically determined by court order. Notice of the signing of the order of dismissal shall be given as provided in Rule 306a. Failure to mail notices as required by this rule shall not affect any of the periods mentioned in Rule 306a except as provided in that rule.
2. Non-Compliance With Time Standards. Any case not disposed of within time standards promulgated by the Supreme Court under its Administrative Rules may be placed on a dismissal docket.
3. Reinstatement. A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of dismissal is signed or within the period provided by Rule 306a. A copy of the motion to reinstate shall be served on each attorney of record and each party not represented by an attorney whose address is shown on the docket or in the papers on file. The clerk shall deliver a copy of the motion to the judge, who shall set a hearing on the motion as soon as practicable. The court shall notify all parties or their attorneys of record of the date, time and place of the hearing. The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained. In the event for any reason a motion for reinstatement is not decided by signed written order within seventy-five days after the judgment is signed, or, within such other time as may be allowed by Rule 306a, the motion shall be deemed overruled by operation of law. If a motion to reinstate is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to reinstate the case until 30 days after all such timely filed motions are overruled, either by a written and signed order or by operation of law, whichever occurs first.
4. Cumulative Remedies. This dismissal and reinstatement procedure shall be cumulative of the rules and laws governing any other procedures available to the parties in such cases. The same reinstatement procedures and timetable are applicable to all dismissals for want of prosecution including cases which are dismissed pursuant to the court's inherent power, whether or not a motion to dismiss has been filed.
