Many pro se litigants (people who are representing themselves in a lawsuit without an attorney) ask how long they have to file a lawsuit. This blog post in the Civ Pro series lists resources where you can learn more about statutes of limitations.
Online legal dictionary Wex (Legal Information Institute, Cornell Law School) defines a statute of limitations as:
Any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim.
Statutes of limitations exist for both civil and criminal causes of action, and begin to run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts. Many statutes of limitations are actual legislative statutes, while others may come from judicial common law.
Please note: These resources are for general legal information and are not a substitute for the advice of an attorney. Because the law is constantly updated, it is always best to consult with an attorney for the most accurate information.
Civil Lawsuits
TexasLawHelp.org lists statutes of limitations for common civil lawsuits and points to the corresponding statutes in Chapter 16 of the Texas Civil Practice and Remedies Code. Some examples follow:
Lawsuits with one-year limitations
Malicious prosecution: Texas Civil Practice and Remedies Code 16.002(a)
Lawsuits with two-year limitations
Injury to personal property: Texas Civil Practice and Remedies Code 16.003(a)
Personal injury: Texas Civil Practice and Remedies Code 16.003(a)
Wrongful death: Texas Civil Practice and Remedies Code 16.003(b)
Lawsuits with four-year limitations
Breach of fiduciary duty: Texas Civil Practice and Remedies Code 16.004(a)(5)
Claims in which no other statute of limitation is expressly applicable: Texas Civil Practice and Remedies Code 16.051.
Certain debt collection claims: Texas Civil Practice and Remedies Code 16.004(a)(3)
Specific performance of contract for conveyance of real property: Texas Civil Practice and Remedies Code 16.004(a)(1)
Breach of contract: Texas Civil Practice and Remedies Code 16.004 or Texas Business and Commerce Code 2.725.
Further information
Please note: These resources are provided as general legal information. The Law Library does not endorse any law firms or attorneys.
Statute of Limitations Laws: The Clock is Always Ticking. - Dallas Employment Lawyer Blog
Texas Statute of Limitations for Contract Disputes - Feldman & Feldman
Statute of Limitations in Tax Cases - The Basics - Texas Tax Talk
Time-Barred Debts - Debt Collection - Guides at Texas State Law Library
What is the statute of limitations on debt? - Texas State Law Library
What Is the Personal Injury Statute of Limitations in Texas? - Hill Law Firm
What Is the Wrongful Death Statute of Limitations in Texas? - J. D. Silva Law
Criminal Lawsuits
Chapter 12 of the Texas Code of Criminal Procedure addresses the statutes of limitations to file a criminal lawsuit and formally charge a person with a criminal offense. You may find a chart with common criminal offenses and their statutes of limitations on FindLaw.com. Felony statutes of limitations range from three years to no limitation from the time of offense, depending on the nature of the crime. With exceptions, misdemeanors class A and B have a two-year statute of limitation from the time of offense.
Further information
Please note: These resources are provided as general legal information. The Law Library does not endorse any law firms or attorneys.