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Court How-Tos (Civil Procedure)
This article explains statutes of limitation in Texas.
Composed by TexasLawHelp.org • Last Updated on January 21, 2023
A statute of limitations is a deadline, according to the law, which sets a limit on when a lawsuit must be filed. Here, learn about statutes of limitation in Texas, which are outlined in the Texas Civil Practice and Remedies Code.
What is a statute of limitations?
A statute of limitations is the time limit in which a lawsuit must be filed. If you do not file your lawsuit during the statute of limitations period, you will likely not be able to pursue your claim in court because the statute of limitations has expired.
What is an example of a statute of limitations?
In Texas, the statute of limitations for damage to personal property is two years. If you are in a car accident and your car is damaged, you have two years from the day of the accident to file a lawsuit to recover damages to repair your car.
Are there different statutes of limitations?
Yes. A statute of limitations period is based on the type of civil claim your lawsuit is based on and the state you are filing in. It is very important that you know the statute of limitations for your claim and state.
Where can I find the statute of limitations for my case?
In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code Chapter 16. While most civil statutes of limitations are from one to four years, some may be much longer. For example, a homeowner has ten years to sue an architect over dangerous design flaws.
We have listed some common statutes of limitations below.
What claims have a one-year statute of limitations period?
Malicious prosecution: Texas Civil Practice andRemedies Code 16.002(a)
What claims have a two-year statute of limitations period?
In Texas, actions involving some types of trespass to personal rights or property rights have a two-year statute of limitations, which is the norm for such claims.
Personal injury: Texas Civil Practice andRemedies Code 16.003(a)
Property damage: Texas Civil Practice andRemedies Code 16.003(a)
Wrongful death: Texas Civil Practice andRemedies Code 16.003(b)
What claims have a four-year statute of limitations period?
Texas also has a four-year statute of limitations for lawsuits involving contractual obligations.
Breach of fiduciary duty: Texas Civil Practice and Remedies Code 16.004(a)(5)
Certain debt collection claims: Texas Civil Practice andRemedies Code 16.004(a)(3)
Specific performance of contract for conveyance of real property: Texas Civil Practice andRemedies Code 16.004(a)(1)
Breach of contract: Texas Civil Practice andRemedies Code 16.004 or Texas Business and Commerce Code 2.725.
Claims in which no other statute of limitation is expressly applicable: Texas Civil Practice andRemedies Code 16.051.Note: This limitation does not apply to lawsuits seeking to recover land.
Criminal Statutes of Limitation
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