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Avoid Restarting The Statute Of Limitations On Debt In Texas

Kayla Holderman • October 8, 2024

How To Prevent Restarting The Clock On The Statute of Limitations For Debt In Texas

Disputes over promissory notes and other debts are common in estate and contract law. Understanding the nuances of how Texas courts handle these cases can help protect your legal interests, whether you’re dealing with unpaid debts, reviving obligations, or defending against claims. This blog explores the key issues, legal principles, and implications involved in restarting unpaid debt obligations which have long since expired.

Statute of Limitations and Acknowledgment of Debt


In Texas, the statute of limitations, which serves as a deadline for creditors to file lawsuits in debt disputes, is typically four years. Therefore, if a creditor does not file a lawsuit for nonpayment of a debt within that four-year time period, the creditor is likely barred from ever filing a lawsuit regarding that debt. Generally, the four-year clock starts from the first nonpayment on the debt. However, a debt that appears to be time-barred can be revived. If, after the four-year statute of limitations has expired, a debtor acknowledges the debt he/she owes, in writing, the debt may be revived, and the four-year clock starts over. Such an acknowledgment creates a new, enforceable obligation, even if the original debt would otherwise be unenforceable. This means that a creditor, once the debt has been revived, has another four years to file a lawsuit related to that debt. 


Key Points About Acknowledgments of Debt in Texas:

In order for a debtor to revive a debt by acknowledgement, the acknowledgment must:

  • be in writing and signed by the debtor; and
  • clearly identify the debt and express an intention to pay the debt.


Evidence and Authentication in Debt Revival

In determining if a communication constitutes an acknowledgement of a debt, courts will look for specific language from the debtor that confirms the debt’s existence and the debtor’s willingness to fulfill the obligation.


Revival of Time-Barred Debts

Texas law allows for the revival of debts through acknowledgment, even if they have passed the statute of limitations. This is crucial in estate cases where debts may have lingered for years. If a debtor’s written acknowledgment is found, courts can enforce the debt as if it were still within the limitations period.

When disputes arise over promissory notes, both creditors and debtors must navigate a complex web of evidence, acknowledgment, and contract law. For creditors, especially estates, it is crucial to secure written acknowledgments of any debts to preserve claims. For debtors, understanding the implications of acknowledging a debt is essential to avoid unintentionally reviving an obligation.


  • For Creditors:
  • Keep clear records of all communications related to the debt.
  • Ensure any acknowledgments meet the legal criteria to revive the obligation you wish to enforce.


  • For Debtors:
  • Be cautious when communicating about old debts, as written acknowledgments can revive otherwise unenforceable debts.
  • Consult with legal professionals before making statements or commitments regarding old debts.


Other Events That Could Extend or Revive the Statute of Limitations in Texas

The most common events that can reset or restart the statute of limitations include:

  • Partial Payments:
    If you make a partial payment on a debt, even if it’s just a small amount, this action can reset the statute of limitations allowing the creditor another four years to enforce the debt against you. For example, if the statute of limitations on your debt was set to expire in a few months and you make a payment, the clock can start over, giving the creditor a new timeframe to sue you.
  • Written Acknowledgment of the Debt:
    If you acknowledge the debt in writing, such as by signing a document or sending an email where you agree that you owe the money, this can also restart the statute of limitations. This acknowledgment does not have to include a payment—it simply needs to be a clear admission that the debt is yours.
  • Promissory Note or Agreement to Pay:
    Signing a new promissory note or entering into a new agreement to pay the debt can also revive and/or restart the statute of limitations. This is essentially like entering into a new contract, which would come with its own statute of limitations period.

A Case Perspective: How to Accidentally Revive Time-Barred Debts


The case of In re Estate of Curtis offers valuable lessons on how debts can be accidentally revived. In In re Estate of Curtis, the Texas Court of Appeals in Texarkana also addressed a key issue involving the revival of a debt after the statute of limitations had expired. In this case, a creditor attempted to collect on a debt owed by the deceased Curtis, claiming that the debt had been revived by certain actions of the estate. The court examined whether certain acknowledgments made by the executor of Curtis's estate, including partial payments and statements regarding the debt, were sufficient to revive the debt under Texas law. However, the court held that the actions taken by the executor did not meet the legal standards necessary to revive the debt. Specifically, the court found no valid written acknowledgment of the debt by the deceased or clear intent to repay, as required by law. As a result, the statute of limitations barred the creditor's claim, and the debt could not be revived.


This case underscores the importance of strict compliance with Texas laws on debt revival, particularly in estate matters and serves as a cautionary tale of how simple actions, such as a written acknowledgment or partial payment, can breathe new life into time-barred debts. Understanding these legal nuances can help protect your rights and prevent unintended revival of financial obligations long since past. 


Valuable Lessons on How Debts can be Accidentally Revived:


  • Texas Civil Practice and Remedies Code 16.004 controls the statute of limitations on debt in Texas. Time-barred debt is old debt that a debt collector cannot sue you to collect, as it has reached the statute of limitations, but they may still attempt to collect. The statute of limitations on debt in Texas is four years. They have four years to bring a lawsuit; otherwise, the debt becomes time-barred.


 

  • Section 16.065 of the Texas Civil Practice and Remedies Code provides, that an acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged. Tex. Civ. Prac. & Rem.Code Ann. § 16.065 (West 2015). 

 

  • An acknowledgement of a debt under this statute creates a new obligation. Stine v. Stewart, 80 S.W.3d 586, 591 (Tex.2002). According to the Supreme Court, “Texas Courts have consistently interpreted this statute to require that an agreement: 1) be in writing and signed by the party to be charged; 2) contain an unequivocal acknowledgment of the justness or the existence of the particular obligation; and 3) refer to the obligation and express a willingness to honor that obligation.” Id. The amount of the obligation described in the acknowledgment must be ‘ “susceptible of ready ascertainment.’ ” Id. (quoting Stefek v. Helvey, 601 S.W.2d 168, 171 (Tex.Civ.App.–Corpus Christi 1980, writ ref'd n.r.e.)). “If an agreement meets these acknowledgment requirements, a party may sue for breach of that agreement.” Id. (citing Siegel v. McGavock Drilling Co., 530 S.W.2d 894, 896 (Tex.Civ.App.–Amarillo 1975, writ ref'd n.r.e.).

 

  • “[I]n order for a written instrument to be sufficient to take a debt otherwise barred out of the operation of the statute of limitations, it must acknowledge the justness of the debt and express a willingness to pay. Where the debt is clearly acknowledged, however, the promise to pay is implied.” Bright & Co., 995 S.W.2d at 745 (quoting MMP, Ltd. v. Jones, 695 S.W.2d 208, 209 (Tex.App.–San Antonio 1985)), rev'd on other grounds, 710 S.W.2d 59 (Tex.1986). 


Key Takeaways from Regarding Expired Debt Revival in Texas


  • Written Acknowledgment of Debt Can Revive It

In In re Estate of Curtis, the borrower's letter to the lender served as a written acknowledgment of debts that were otherwise barred by the statute of limitations. The court held that this acknowledgment created new, enforceable obligations, reviving the debts and allowing the lender's estate to pursue legal action.

  • Partial Payments and Written Communications Matter

Even a simple written statement that acknowledges the debt's existence can be enough to reset the statute of limitations. In this case, communications between the borrower and lender, including a letter detailing the amounts owed, were sufficient to restart the clock on the debt.


In re Estate of Curtis serves as a cautionary tale of how simple actions, such as a written acknowledgment or partial payment, can breathe new life into time-barred debts. Understanding these legal nuances can help protect your rights and prevent unintended revival of financial obligations long since past.

Time-Barred Debt FAQs in Texas

  • What Does It Mean When A Debt Is “Time-Barred” Or Past The Statute Of Limitations?

    A debt is considered “time-barred” when it has passed the legal timeframe within which a creditor can sue to collect the debt. In Texas, the statute of limitations for most debts, including credit card debt, medical bills, and promissory notes, is four years. After this period, the creditor loses the legal right to enforce the debt through the courts.

  • Can A Time-Barred Debt Be Revived Or Made Enforceable Again?

    Yes, a time-barred debt can be revived if the debtor acknowledges the debt in writing or makes a partial payment. This acknowledgment creates a new obligation, effectively resetting the statute of limitations and making the debt legally enforceable once more.

  • What Constitutes An Acknowledgment Of A Debt That Can Revive The Statute Of Limitations?

    To revive the statute of limitations, the acknowledgment must:


    • Be in writing and signed by the debtor.

    • Clearly refer to the debt and acknowledge its existence.

    • Express a willingness to repay the debt, either explicitly or implicitly.


    Simple verbal acknowledgments or general statements without specific details about the debt typically do not meet these criteria.


  • Does Making A Partial Payment On A Time-Barred Debt Restart The Statute Of Limitations?

    Yes, making a partial payment on a time-barred debt can restart the statute of limitations. By making a payment, you are acknowledging the debt, which can revive the creditor’s right to sue for the entire balance.

  • How Can I Avoid Accidentally Reviving A Time-Barred Debt?

    To avoid reviving a time-barred debt:


    • Do not make any payments toward the debt.

    • Avoid signing any documents that acknowledge the debt or discuss repayment.

    • Be cautious when communicating with creditors; do not admit that you owe the debt.

    • If contacted about a time-barred debt, consult with a lawyer before responding.


  • What Should I Do If I Receive A Letter From A Creditor About A Time-Barred Debt?

    If you receive a letter about a time-barred debt, it’s essential not to ignore it, but also not to acknowledge the debt immediately. Consult with a legal professional to understand your rights and avoid inadvertently reviving the statute of limitations.

  • Can A Creditor Still Contact Me About A Time-Barred Debt?

    If a debt collector threatens legal action on a time-barred debt, they may be violating federal law, such as the Fair Debt Collection Practices Act (FDCPA). Document all communications and seek legal assistance to address any potential violations and protect your rights.


    Yes, creditors can still contact you about time-barred debts and request payment. However, they cannot sue you or take legal action to collect the debt unless the debt is revived. They must also inform you if the debt is time-barred in some jurisdictions.


  • What Are The Legal Consequences Of Reviving A Time-Barred Debt?

    Reviving a time-barred debt resets the clock on the statute of limitations, allowing the creditor to pursue legal action to collect the debt, including filing a lawsuit. This can lead to wage garnishment, bank levies, or other court-enforced collection methods.

  • Can Debt Settlement Agreements Accidentally Revive A Time-Barred Debt?

    Yes, entering into a settlement agreement can be seen as acknowledgment of the debt, thus reviving the statute of limitations. Any agreement should be carefully reviewed with legal advice to ensure it does not inadvertently reset the limitation period.

  • What Should I Do If A Debt Collector Threatens Legal Action On A Time-Barred Debt?

    If a debt collector threatens legal action on a time-barred debt, they may be violating federal law, such as the Fair Debt Collection Practices Act (FDCPA). Document all communications and seek legal assistance to address any potential violations and protect your rights.

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For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). 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Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. 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These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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