TEXAS

(Community Property State)

STATUTE OF LIMITATIONS

Open Acct.: 4

Written Contract: 4

§ 16.004. Four-Year Limitations Period

(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:

(1) specific performance of a contract for the conveyance of real property;

(2) penalty or damages on the penal clause of a bond to convey real property;

(3) debt;

(4) fraud; or

(5) breach of fiduciary duty.

(b) A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.

(c) A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease.(THIS MEANS LAST PAYMENT OR CHARGE,NOT FIRST "LATE" MONTH.)

THE FOLLOWING STATUTE PROHIBITS "RE-AGING" OF SOL WITHOUT A WRITTEN CONTRACT

§ 16.065. Acknowledgment of Claim 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.

TEXAS "BORROWING" ACT

§ 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE.

(a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.

(b) A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.

(c) A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (b).

Texas Consumer Lawyer For
ADVICE ON FDCPA & FCRA VIOLATIONS
Bradley Soshea:
e-mail: bsoshea@uh.edu

Texas Consumer Lawyer For
LEGAL DEFENSE AND BK
Sean Cody
Suite 900, 405 Main Street
Houston, Texas 77002
(Ft. Bend, Harris & Montgomery Cos.)
Telephone: 832-451-4175
Fax: 713-223-2530
e-mail: seancody@houstonattorney.org

TEXAS ATTORNEY GENERAL
File A Complaint

TEXAS LEGAL LINK FOR ALL SITUATIONS

TEXAS CREDIT LAWS
Including Collection Agency Rules

Texas has very onerous usury laws & penalties,the following link is to their rates and ceilings.( Title 4)

TEXAS INTEREST RATES
Under Banking & Finance

TEXAS HAS ITS HEALTH CARE PROTECTION STATUTES BURIED INSIDE ITS ADMINISTRATIVE CODE. THIS INCLUDES THEIR "PATIENTS BILL OF RIGHTS" YOU CAN FIND THIS WITHIN THE LINK TO THE TEXAS ADMINISTRATIVE CODE:

Texas Administrative Code

TITLE 25 HEALTH SERVICES

THE FOLLOWING SECTIONS ARE THE APPLICABLE ONES FOR HIPAA RELATED CITATIONS

(A) the right of the patient to the hospital's reasonable response to his or her requests and needs for treatment or service, within the hospital's capacity, its stated mission, and applicable law and regulations

(H) the right of the patient, within the limits of law, to personal privacy and confidentiality of information;