Sued by a debt buyer in Texas

Debt buyers must prove they own the debt. Here is what the state requires.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. In a justice court debt claim case, the petition must state, for a credit card, revolving or open account: the account or card name, the (masked) account number, the date the account was opened and charged off if known, the amount owed as of a date, and whether ongoing interest is sought (with the rate, its basis and the dollar amount).

Time limit to sue (written contract)
4 years
Time to answer
14 days

What a debt buyer must show in Texas

  • In a justice court debt claim case, the petition must state, for a credit card, revolving or open account: the account or card name, the (masked) account number, the date the account was opened and charged off if known, the amount owed as of a date, and whether ongoing interest is sought (with the rate, its basis and the dollar amount).
  • If the debt was sold or assigned, it must state that, the date of the transfer, the names of prior holders and the original creditor.
  • For a default judgment, the plaintiff must prove the account was issued to you, you breached it, the amount due after all credits, and that the plaintiff owns the account and how it got it; business-record documents must come with a sworn statement.

Defenses you can raise in Texas

The limit is 4 years, and a debt buyer cannot sue on a debt once that period has run; a payment does not restart it. In justice court, the plaintiff in a debt claim case must prove ownership of the account and how it acquired it.

Law: Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); Tex. Fin. Code § 392.307(c)-(d); Tex. R. Civ. P. 508.3(b)(3)(D)

Too old to sue on?

A written-contract debt in Texas must be sued on within 4 years. Raise an older debt as a defense in your answer.

A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on.

Law: 12 CFR 1006.26(b)

More on old debts at Debt Collector Map

In nearby states

Your next steps in Texas

  1. Look at the name

    If the name on the summons is not a company you know, it may be a debt buyer.

  2. Request the documents

    A documents request letter asks for the contract and proof of ownership.

  3. Don't miss the deadline

    Texas's deadline: Justice Court: by the end of the 14th day after you were served.

  4. Raise every defense

    Say if the plaintiff hasn't shown it owns the debt, or if the debt is too old.

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Where to get free help in Texas

Questions about debt buyer suits in Texas

What does Texas require of debt buyers who sue?

In a justice court debt claim case, the petition must state, for a credit card, revolving or open account: the account or card name, the (masked) account number, the date the account was opened and charged off if known, the amount owed as of a date, and whether ongoing interest is sought (with the rate, its basis and the dollar amount). If the debt was sold or assigned, it must state that, the date of the transfer, the names of prior holders and the original creditor. For a default judgment, the plaintiff must prove the account was issued to you, you breached it, the amount due after all credits, and that the plaintiff owns the account and how it got it; business-record documents must come with a sworn statement.

How many days do I get to answer in Texas?

Justice Court: by the end of the 14th day after you were served. If that day is a Saturday, Sunday or legal holiday, or the court closes before 5:00 p.m., it is due the next business day. County or District Court: by 10:00 a.m. on the Monday after 20 days have passed since you were served.

What is the time limit to sue in Texas?

A written-contract debt in Texas must be sued on within 4 years. Raise an older debt as a defense in your answer.

More for Texas

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources