Texas Civil Statute of Limitations Reference Guide
Under Texas law, the statute of limitations operates as an affirmative defense under Texas Rule of Civil Procedure 94. If you fail to file within the legislative window, your lawsuit will be dismissed upon motion by the defendant.
| Cause of Action | Limitation Window | Governing Texas Code |
|---|---|---|
| Written Contract / Debt | 4 Years | Tex. Civ. Prac. & Rem. § 16.004 |
| Oral / Verbal Contract | 4 Years | Tex. Civ. Prac. & Rem. § 16.004 |
| Property Damage / Auto Collision | 2 Years | Tex. Civ. Prac. & Rem. § 16.003 |
| Personal Injury / Bodily Injury | 2 Years | Tex. Civ. Prac. & Rem. § 16.003 |
| Open Account / Invoices | 4 Years | Tex. Civ. Prac. & Rem. § 16.004 |
| Security Deposit Bad Faith Retention | 4 Years | Tex. Prop. Code § 92.109 / § 16.004 |
The Critical Texas Chapter 38 30-Day Notice Rule
In Texas, sending a demand letter is not merely a formality—it is a statutory prerequisite under Texas Civil Practice & Remedies Code § 38.001 & § 38.002:
- Mandatory 30-Day Presentment: To recover reasonable attorney's fees against an individual or organization for breach of an oral or written contract, the claimant must present the claim at least 30 days prior to filing the petition.
- Treble Damages in Landlord Disputes: Under Texas Property Code § 92.109, a landlord who retains a deposit in bad faith is liable for \$100 plus three times the amount of the deposit improperly withheld. A certified demand letter creates immediate legal leverage.
Texas Justice Court Limits ($20,000)
Texas has one of the most generous small claims limits in the nation. Under Government Code § 27.031, Texas Justice of the Peace Courts possess jurisdiction over civil matters up to \$20,000. Pre-litigation demand letters settle over 70% of disputes before reaching the JP court clerk.