What are the debt statute of limitations in Texas and Alabama?

Alabama Statute of Limitations

There are several different claims a creditor or debt buyer can bring in a consumer debt type lawsuit and they have their own statute of limitations.  The specific claim will usually be expressly listed in the complaint.  These claims and their relative statutes of limitations are (Code of Alabama Section 6-2-1, et seq.):

Open account – thee (3) years

Breach of contract, Account stated, Money had and received – six (6) years

Texas Statute of Limitations

The statute of limitations (Texas Civil Practice & Remedies Code § 16.004) for for Breach of contract is four (4) years.

Other Factors

There are several factors that are considered when determining the when the statute of limitations begins.  These include when the account was opened, the last time it was used (i.e. the last purchase), and the last payment.

Also keep in mind that if the a debt collector or debt buyer brings a lawsuit outside the statute of limitations, it may be a violation of the Fair Debt Collection Practices Act.