| Texas at a glance | |
|---|---|
| Time limit to sue on card debt | 4 years. |
| Deadline to answer a debt lawsuit | Justice court: 14 days after service. County or district court: by 10 a.m. on the Monday after 20 days have passed. |
| Wage garnishment | Current wages are fully exempt from garnishment for ordinary consumer debts like credit cards and medical bills. |
| Where to complain | Texas Attorney General consumer complaint |
How long creditors have to sue
4 years. Debt buyers can't sue or start arbitration on a debt that's past that limit, and making a payment or acknowledging it doesn't revive it. (Tex. Civ. Prac. & Rem. Code § 16.004; Tex. Fin. Code § 392.307)
The time limit for suing is separate from credit reporting: most negative items can stay on your credit report for up to 7 years from when you first fell behind, regardless of state.
If you're sued in Texas
Answer deadline: Justice court: 14 days after service. County or district court: by 10 a.m. on the Monday after 20 days have passed. Check your own summons for the exact date, because missing it usually means a default judgment.
Court help: TexasLawHelp: answering a debt case in justice court.
Step-by-step help and common defenses are in our lawsuit and garnishment guide.
What's protected if there's a judgment
Your paycheck
Current wages are fully exempt from garnishment for ordinary consumer debts like credit cards and medical bills. Exceptions include child support, taxes and federal student loans. (Tex. Prop. Code § 42.001; Tex. Const. art. XVI, § 28)
Your bank account
There's no automatic dollar amount protected in a bank account, so wages can lose some protection once deposited. Directly deposited federal benefits, like Social Security, keep two months of automatic protection under federal rules. (TexasLawHelp.org; 31 CFR Part 212)
Everywhere in the US, Social Security, SSI and VA benefits are generally off-limits to private creditors, and banks must automatically protect two months of those benefits when they're direct-deposited.
Debt collectors in Texas
The Texas Debt Collection Act covers original creditors as well as collection agencies. Third-party collectors must file a surety bond with the Texas Secretary of State. Federal rules still apply on top of state law. See your rights and free dispute letters.
Debt settlement and debt relief companies
Debt settlement and debt management providers are regulated by the Office of Consumer Credit Commissioner (OCCC) under Texas Finance Code chapter 394, which caps setup and monthly fees. The caps adjust each year; check the OCCC site for current amounts. Under federal law, debt relief companies that sell by phone can't charge fees until they've settled at least one of your debts. Read how settlement works.
Medical debt
Texas limits credit reporting of certain surprise medical bills, but it doesn't have a broad ban on medical debt reporting. More in our medical bills guide.
Where to complain or check a company
- Texas Attorney General consumer complaint
- Texas OCCC complaint (debt settlement, credit services)
- CFPB complaint portal (federal)
Sources
Laws and dollar amounts change, and court rules vary by county. This page is general information, not legal advice. For your situation, contact a legal aid office or a Texas consumer attorney.