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Does state law supercede federal law concerning the length of time a reported debt remains in your file with credit bureaus?

Dallas, TX |

Texas Business and Commerce Code Chapter 16.004 and 3.118(a) set forth 4 and 6 years respectively to bring suit on a debt from the date of the first default so long no payments in between were paid, and the person remains in the state. Under the aforementioned statutes, after the expiration of the time set forth, are the credit bureaus and collectors obligated to remove the debt from your credit file with the credit bureaus? Or, does the federal statute of 7 years still apply? If a state law offers further protection, it supercedes federal law pursuant to the Supremacy Clause, correct?

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Attorney answers 2


Texas state law does not trump Federal law under these circumstances.

The Texas statutes of limitations do not have anything to do with bad debt reporting or credit history reporting. Simply because the creditor can no longer file suit to collect on a debt does not mean that the debt was not owed or was somehow illegitimate. Simply put, statutes of limitation regulate the date by when suit must be filed, and do not affect the legitimacy of the underlying debt. So, there are no Supremacy Clause issues here, at least not in the way that you present them.

Good luck.

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You are talking about two different things. The statute of limitations is how long the creditor has to file a lawsuit against you for the debt. It has nothing to do with how long the debt stays on your credit report.

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