In Texas, a creditor or debt buyer generally has four years from the date a debt becomes due to sue you. In Alabama, the deadline is three years for open accounts like credit cards, and six years for written contracts and “account stated” claims. After the deadline passes, the debt is “time-barred”: you may still technically owe it, but a lawsuit to collect it should fail if you raise the deadline as a defense.
That last part matters. The statute of limitations isn’t automatic. If you get sued on an old debt and never answer, the collector wins by default, expired deadline or not.
What is the statute of limitations on debt in Texas?
Four years for most consumer debts, under Tex. Civ. Prac. & Rem. Code § 16.004. Texas also gives consumers a protection most states don’t: since 2019, Tex. Fin. Code § 392.307 says a payment on a time-barred debt does not restart the clock, and debt buyers are prohibited from suing (or even threatening to sue) once the period has run. Collectors sometimes coax a small “good faith” payment out of people precisely because it revives old debt in other states. In Texas, it doesn’t.
What is the statute of limitations on debt in Alabama?
It depends on how the claim is framed, and collectors know it:
- Open account (Ala. Code § 6-2-37): three years. This is the usual category for credit card debt.
- Written contract or account stated (Ala. Code § 6-2-34): six years. Collection lawyers often plead “account stated” instead of open account specifically to get the longer window.
Whether a credit card debt is really an “account stated” is a fight worth having, and it comes up constantly in Alabama collection suits. We explain that claim in plain English in our account stated post.
When does the clock start?
Generally from the date of default, which for a credit card usually means shortly after your last payment. The exact start date is fact-specific, and collectors’ records are often wrong about it.
If a collector is pressing you to make even a tiny payment on a debt you haven’t touched in years, talk to a lawyer first.
Can a collector still contact me about a time-barred debt?
Yes. The debt doesn’t disappear; the collector just loses the courthouse. But suing or threatening to sue on a time-barred debt can violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e, and in Texas, debt buyers are barred from doing it by statute. If that happens to you, you may have a claim against the collector worth more than the debt itself.
What should I do if I’ve been sued?
Answer the lawsuit before your deadline, even if you think the debt is too old. In Alabama, that can be as little as 14 days in small claims or district court (details here). Raise the statute of limitations as a defense; the court won’t raise it for you.
FAQ
Does making a payment restart the statute of limitations? In Texas, no. Tex. Fin. Code § 392.307 ended that in 2019. In Alabama, a partial payment can restart the clock, so get advice before paying anything on an old debt.
Is a time-barred debt erased? No. Collectors can still ask you to pay, and the debt can appear on your credit report for up to 7 years from the original delinquency (a separate deadline under the FCRA). Only the lawsuit option expires.
What if a debt buyer sues me on an expired debt anyway? Answer the suit, raise the defense, and have the case reviewed for FDCPA violations. Statutory damages, actual damages, and attorney’s fees are available under 15 U.S.C. § 1692k.
If a collector is chasing an old debt in Texas or Alabama, John C. Hubbard, LLC reviews these cases at no charge. Your consultation is free, and many consumer cases are handled with no attorney’s fees out of your pocket; we’ll explain exactly how fees and costs work before you hire us. Call 205-378-8121 (Alabama) or 832-410-8121 (Texas).
By John C. Hubbard, Consumer Protection Attorney · Last reviewed July 2, 2026
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its facts.