Credit card debt limitations vary across every US state. For residents of Texas, the limitations are very different from those that are implemented in other states. If you are unaware of Texas statute of limitations on credit card debt, we are here to resolve all your queries through this informative guide.
What does statute of limitations mean?
The Texas statute of limitations on credit card debt refers to the period of time during which a debt collector or creditor can file a suit to recover the debt that they have provided to a borrower. If the time period has passed, the creditor will no longer be able to file such a suit. This also means that when the period of time has passed, the creditors will not be able to any longer pursue the recovery of debts. It will then, in large part, depend upon the borrower to repay the debt that they have taken.
Any kind of a debt for which this statute is applicable in Texas is known as a time-barred debt because the ability to seek repayment is restricted by time.
How does it apply to credit card debt?
Within the context of credit cards, Texas credit card debt laws cover these debts under the purview of statute of limitations. Period typically starts from the date of the last payment made by the borrower. In simpler terms, if the specified period of time has passed since the debtor made the last debt payment, and the creditor has not taken any action during this time, they can no longer pursue it.
If there is a credit balance left, then the creditor stands to lose this money as they can no longer seek repayment from the borrower.
Specifics of the Texas statute of limitations
The following are some of the key specifics about Texas statute of limitations applicable on credit card debts.
Time limit
Under Texas statute of limitations for credit card debts, the period before the statute takes form is 4 years. If four years have passed since the last credit payment by the borrower, and the creditor has not taken any action, they can no longer seek the repayment.
To what types of debt does it apply?
Texas Statute of Limitations applies to any kind of unpaid debt including credit card debts and consumer debts.
Effect on debt collection
Once the statute of limitations comes into effect, the creditor loses their ability to approach the borrower to collect their debt. The law has been revised in this regard in 2019 to avoid the repeated creation of zombie debts.
Zombie debts is a term that came into being because of a previous practice under which the clock for statutes of limitations was considered to have been reset if the borrower made a payment after the period had passed or if they even acknowledged the existence of the debt verbally. This often led to repeated beginning of the statute of limitations, which could become hard to track, thereby leading to the implication of the new law.
Does Texas have any statute of limitations exceptions?
There are several types of crimes for which the Texas statute of limitations does not apply. These limitations do not pertain to debts, but to more serious crimes including the following:
-Fraud, embezzlement, theft, or misapplication of fiduciary property.
-Any Crimes committed against children.
-Human trafficking crimes
-Capital Murder and Manslaughter
-Sexual Offenses, particularly if DNA evidence is found against the accused individual.
Conclusion
The Texas law statute of limitations provision is applicable for a wide range of issues including, but not limited to debts. This provision can be quite beneficial for debt borrowers, however, to prevent themselves from losing money, debt collectors and creditors need to be aware of the statute of limitations time periods and ensure they take the required steps within time.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
