- Views: 1
- Report Article
- Articles
- Business & Careers
- Ask an Expert
Let's Talk About the 4-Year Time Limit on Debt in Texas
Posted: Oct 15, 2023
Debt collection in Texas can sound complicated, especially with confusing terms and complex rules like "statute of limitations." Understanding this term can make a huge difference in how Dallas businesses handle outstanding debts. So, what is it all about?
What does the statute of limitations mean in the context of debt?The term defines a period during which a creditor can sue a debtor for unpaid debt. Once this time is up, the creditor cannot sue anymore.
It is worth mentioning that just because a creditor cannot sue does not mean the debt goes away. The debtor still owes that money. The only change is that the creditor cannot take the debtor to court to get that money back.
Texas and the 4-year ruleTexas has a straightforward rule for most debts—a 4-year limit. (Source: Texas Civil Practice and Remedies Code 16.004 and Texas Business and Commerce Code 2.725) Here's how it applies:
- Written contracts: The time limit for written contracts in Texas is four years. This includes most types of personal loans where there is a signed agreement.
- Oral contracts: Many debts are based on a spoken promise with no paperwork. These might seem informal, but they are binding nonetheless. These agreements are also covered by the 4-year rule.
- Open-ended accounts: Accounts like credit cards, where the balance changes as the debtor spends and repays, are called open-ended accounts. The time limit for these types of accounts is four years as well.
- Promissory notes: A promissory note is an agreement where one party promises in writing to pay back a certain amount to the other. The time limit? You guessed it—4 years!
Keep in mind that this 4-year period starts from the last time the debt was either paid or acknowledged by the debtor.
Why does this matter to debtors and creditors?For debtors, knowing about this 4-year rule offers some peace of mind. It means if a debt has been around for more than four years, they are protected from legal action. But they need to be careful. Any acknowledgment of the debt, whether making a small payment or verbally admitting that they owe it, can restart the 4-year timer.
For creditors, particularly businesses, this rule means they have to act fast. If they wait too long, they might lose the chance to take legal action to reclaim their dues.
Why hire a Dallas collection agency?Businesses, especially small ones, often have limited resources. Chasing down unpaid debts can be time-consuming, stressful, and often fruitless. This is where the best debt collection agency in Dallas can help.
- Save time and resources: Instead of pursuing unpaid dues, businesses can focus on their primary operations and let the experts handle debt collection.
- Ensure legal compliance: Texas has its unique set of rules about debt collection. Collection agencies ensure everything is done by the book and businesses don't accidentally break these rules.
- Improve chances of recovery: With their experience, these agencies often have better success in recovering money than if businesses tried on their own.
If you are a business dealing with unpaid debts, partnering with a Dallas collection agency like Williams Rush & Associates can make things much easier. Instead of chasing customers, you can redirect your time, efforts, and resources into growing your business. Fill out WRA's online form or call (855) 869-9847 to learn how we can help you with your debt collection needs!
A Dallas debt collection agency that continually strives to redefine our success by our resolute commitment to meeting or exceeding the expectations of our diverse client base.