Texas Statutes of Limitation

[David A. Szwak]

Texas Statutes of Limitation

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

[David A. Szwak]

1. Sunshine Traders of El Paso, Inc. v. Dolgencorp, Inc.,
219 Fed.Appx. 375, 2007 WL 624961, C.A.5 (Tex.), February 22, 2007 (NO. 05-51669)

...In General 241k 53(2) k. Nature of Account in General. Account between manufacturer of jeans and retailer was an open account, an thus statute of limitations on manufacturer's action against retailer for its nonpayment for jeans produced under contract did not...

...to refute the charge backs and have the amount credited in a future payment. V.T.C.A., Civil Practice & Remedies Code § 16.004(c) [2] 185 Frauds, Statute Of 185IX Operation and Effect of Statute 185k 127 k. Writing Subsequent to Oral Agreement...

...Tex.App.-Houston [14th Dist.] 1993, no writ) Though Rule 185 is a procedural rule and does not apply under Erie, open accounts are a common law cause of action in Texas. Texas Civil Practice & Remedies Code § 16.004(c) creates a separate statute of limitations for open accounts and is available under the Erie doctrine because it is substantive law.FN 5 In an open account, the cause of action does not accrue until the parties cease dealing with each other.FN 6 [ FN5.] See Facility Ins. Corp. v. Employers Ins. of Wausau, 357 F.3d 508, 513 (5th Cir.2004) (applying the open accounts statute of limitations from Texas Civil Practice & Remedies Code § 16.004(c) in a case based on diversity jurisdiction). [ FN6.] Tex. Civ. Prac. & Rem.Code § 16.004(c) Under Texas common...


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2. Sunshine Traders of El Paso, Inc. v. Dolgencorp, Inc.,
Not Reported in F.Supp.2d, 2005 WL 1009590, W.D.Tex., March 29, 2005 (NO. EP-02-CA-439-DB)

...statute of limitation, Plaintiff also argues that it provided Defendant the goods billed under invoices 334 and 335 on an open account. Plaintiff further asserts that because the goods were provided on an open account, pursuant to Texas Civil Practice and Remedies Code § 16.004 , a different statute of limitations would apply, and as such, Defendant's breach would not have occurred until the Parties ceased...

...doing business together, in June 2000. Defendant replies that Plaintiff cannot avail itself of the statute of limitations applicable to open accounts because open accounts are a state procedural construction, which is not available in federal court, pursuant to the Erie doctrine. See Gasperini v...

...Humanities, Inc., 518 U.S. 415, 427, 116 S.Ct. 2211, 2219, 135 L.Ed.2d 659 (1996) The Court agrees with Defendant. Open accounts are governed by Texas Rule of Civil Procedure 185 , and the applicable statute of limitation is found in Texas Civil Practice and Remedies Code § 16.004 It is well established that a federal court sitting in diversity applies substantive law and federal procedural law. Gasperini, 518...


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3. Facility Ins. Corp. v. Employers Ins. of Wausau,
357 F.3d 508, C.A.5 (Tex.), January 14, 2004 (NO. 03-50335)

...Actions 241k 29 Accounts 241k 29(2) k. What Constitutes Accounts. Under Texas law, for statute of limitations purposes, an “ open account â€