§ 16.069.Counterclaim or Cross Claim
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter D. Miscellaneous Provisions · Last amended 1985 · Last verified August 29, 2026
Full Text of § 16.069
Plain-English Summary
A plaintiff who waits until the last day of the limitations period would otherwise be able to sue on a dispute while the defendant's own claim from the same events had already expired. This section prevents that.
If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of the action, a party may file it even though as a separate action it would be barred on the date the plaintiff's petition was filed.
Subsection (b) attaches a short deadline, and it is easy to miss. The counterclaim or cross claim must be filed not later than the 30th day after the date the party's answer is required. Not thirty days after the answer is filed — thirty days after it was due.
A defendant who answers early and then takes several months to develop a counterclaim can lose the benefit while believing they still have time. The revival is real but the window is narrow, and it closes on a date fixed by the citation rather than by anything the defendant does.
Frequently Asked Questions
Can I file a counterclaim that is already time-barred?
Yes, if it arises out of the same transaction or occurrence as the plaintiff's claim and you file it within 30 days after your answer was due.
When exactly does the 30 days run from?
From the date the answer was required, not from the date you filed it. Answering early does not extend the window.
Does this cover any counterclaim?
No. It must arise out of the same transaction or occurrence that is the basis of the plaintiff's action.
What happens if I miss the 30 days?
The counterclaim is subject to limitations as it would be in a separate action, so a barred claim stays barred.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.