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I am sorry to hear about this situation. There is no standard for how long one can wait before taking a party to court for debt owed, and therefore someone in your situation does not have to wait. You can if you want to, and/or send them a "final" demand letter and give them - oh, say - 7 to 10 days to send the check or else they would be liable legally.
If they still do not pay, someone in your situation can file a wage claim with the Texas Workforce Commission - see HERE. Or else, you can file a private suit. The difference is that the TWC is an arbitration forum before an administrative arbiter while the lawsuit is a suit in a court of law. If you choose to do this under TWC, then you have 180 days to do so from the date the payment was due. Alternatively, the statute of limitations for a lawsuit is 4 years.
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