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California debt law

California statute of limitations on debt

California gives creditors 4 years to sue on most written debts and 2 years on oral ones. Once that time is up, the law bars any lawsuit, and a payment alone does not revive an expired debt. The periods, the exceptions, and what to do next.

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How many years does a creditor have to sue in California?

The period depends on what the claim is built on: a signed writing, an account, an oral promise, or a court judgment.

California statute of limitations by debt type
Kind of debtTime limit to sueWhere the law says it
A contract, obligation or liability founded on an instrument in writing, such as a signed loan or credit agreement4 yearsCal. Code Civ. Proc. § 337(a) (California Legislature, opens in a new tab)
A book account, an account stated based on a written account, or the balance of an open account whose items are in writing4 yearsCal. Code Civ. Proc. § 337(b) (California Legislature, opens in a new tab)
A contract, obligation or liability not founded on an instrument of writing, such as an oral agreement2 yearsCal. Code Civ. Proc. § 339 (California Legislature, opens in a new tab)
A judgment of a federal court or of another state, sued on in California10 yearsCal. Code Civ. Proc. § 337.5(b) (California Legislature, opens in a new tab)
Enforcing a California money judgment (it can be renewed)10 yearsCal. Code Civ. Proc. § 683.020 (California Legislature, opens in a new tab)

Is a credit card a 4-year or a 2-year debt in California?

Often 4 years, but check before you rely on it. Section 337 covers both debts founded on a written instrument and several kinds of accounts, including a book account (California Legislature, opens in a new tab). Which category a given card account fits can depend on the agreement and the records the plaintiff produces.

That is a lawyer's call, not a guess. Keep the card agreement if you have it, your last statements, and any letter that names the current owner.

We are not a law firm and cannot tell you which period applies to your account. A legal aid office or a referred lawyer can usually tell from the papers you already hold.

Can a payment or a promise restart the clock in California?

California spells this out in its code. Since 2019 the code says the period for written debts can be extended only under § 360 (California Legislature, opens in a new tab), and § 360 requires an acknowledgment or promise in a writing you sign (California Legislature, opens in a new tab). It adds that a payment of itself does not revive a claim that is already barred.

The CFPB warns that in many states a partial payment may restart the time period (CFPB, opens in a new tab). California's written rules are narrower, but ask a lawyer before you pay or sign anything on an old debt.

What can a collector still do after the time limit in California?

A collector may still ask you to pay, but it may not sue. Section 337(d) (California Legislature, opens in a new tab) bars a lawsuit or arbitration once the period has run, a debt buyer is separately barred from suing on an expired consumer debt (California Legislature, opens in a new tab), and federal rules forbid a debt collector to bring or threaten (eCFR, opens in a new tab) such a suit.

California also makes collectors say so in writing.

How long does a court judgment last in California?

A money judgment can be enforced for 10 years (California Legislature, opens in a new tab) and can be renewed. For a personal debt judgment with less than $50,000 of principal unpaid, the creditor may renew it only once (California Legislature, opens in a new tab); for medical debt the line is $200,000.

Interest on those judgments is 5% a year (California Legislature, opens in a new tab) if the judgment was entered or renewed from 2023 on, instead of the usual 10%.

Does the credit report clock follow the same rule?

No. Reporting runs on a separate federal clock: a collection or charge-off can generally be reported for seven years (Cornell LII, opens in a new tab), counted from 180 days after the delinquency behind it.

So an account can be past California's time to sue and still appear on your report, or drop off your report while a lawsuit is still possible. Settling or paying it does not reset the reporting period.

What if you are sued on an old debt in California?

Respond anyway. The summons gives you 30 days (California Legislature, opens in a new tab) after service to file a written response. A time limit usually has to be raised in the case; the CFPB notes a court can enter judgment if you do not respond and raise it.

  1. Write down the date on which you were served and count 30 days.
  2. Find the date of your last payment and the date the account went unpaid.
  3. Contact LawHelpCA, a legal aid office or a certified lawyer referral service.
  4. Hold off on paying or signing anything about the old debt until you have advice.

Where to get legal help

Free and low-cost legal help.

We are not a law firm and cannot give legal advice. These are the people who can, many of them free. None of them pays us, and we do not pay them.

  • A lawyer

    A State Bar certified lawyer referral service

    The State Bar of California certifies referral services by region. Lawyers they refer must be in good standing and carry professional liability insurance.

    Open the State Bar list (opens in a new tab)
  • Legal aid

    LawHelpCA

    Maintained by the Legal Aid Association of California: plain-language legal information and a finder for free legal services near you.

    Open LawHelpCA (opens in a new tab)
  • Court self-help

    California Courts Self-Help Guide

    The California courts' own guide to debt lawsuits: your options, and step-by-step instructions for responding by type of debt.

    Open the Self-Help Guide (opens in a new tab)
  • Legal aid

    Free legal aid near you

    Legal aid offices give free civil legal help, including with debt lawsuits, to people who qualify. The Legal Services Corporation finder lists the office for your area.

    Find legal aid (LSC) (opens in a new tab)
  • A lawyer

    How to find a consumer lawyer

    The CFPB explains where to look for a lawyer who handles debt collection cases, and what experience to look for.

    Read the CFPB guide (opens in a new tab)

Things you should know

The downsides, stated plainly.

Read these before you enroll anywhere, including with us. They apply to every debt settlement program.

  • Your credit score will drop during the program, and late payments stay on your credit report.
  • Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
  • Interest and late fees can keep adding to your balances until each account settles.
  • Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
  • Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
  • Not all creditors agree to settle, and not everyone completes the program.
  • We do not guarantee any amount, percentage or timeline.
  • Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
  • We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.

Straight answers

California time limits, plain answers.

Rather hear it from a person? 866-659-7966

What is the statute of limitations on debt in California?

Generally 4 years for a debt founded on a written contract or an account, and 2 years for one that is not. A California judgment can be enforced for 10 years and renewed.

Does making a payment restart the statute of limitations in California?

For written debts, California allows an extension only through a signed written acknowledgment or promise, and a payment of itself does not revive a debt whose time has already run. Get advice before paying an old debt.

Can a debt collector sue me after 4 years in California?

Once the applicable period has run, California law bars a lawsuit or arbitration to collect the debt. Collectors can still ask you to pay, and must tell you in writing they will not sue.

Is the statute of limitations the same as the 7-year credit report rule?

No. The seven-year credit reporting period is federal and starts after the original delinquency. It is separate from California's time limit to sue.

Sources

Where the facts on this page come from. Each link opens the original in a new tab.

  1. 01 California Legislature Cal. Code Civ. Proc. § 337: 4 years on a written contract or book account; (d) no suit after the period runs (opens in a new tab)
  2. 02 California Legislature Cal. Code Civ. Proc. § 339: 2 years on a contract not founded on a writing (opens in a new tab)
  3. 03 California Legislature Cal. Code Civ. Proc. § 360: an acknowledgment or promise must be in a signed writing; a payment does not revive a barred claim (opens in a new tab)
  4. 04 California Legislature Cal. Code Civ. Proc. § 360.5: a waiver of the time limit must be written and signed, 4 years at most (opens in a new tab)
  5. 05 California Legislature Cal. Code Civ. Proc. § 351: time out of the state is not counted (opens in a new tab)
  6. 06 California Legislature Cal. Code Civ. Proc. § 337.5: 10 years on a judgment of another state or a federal court (opens in a new tab)
  7. 07 California Legislature Cal. Code Civ. Proc. § 683.020: a money judgment can be enforced for 10 years (opens in a new tab)
  8. 08 California Legislature Cal. Code Civ. Proc. § 683.110: renewing a judgment (personal debt under $50,000: once only) (opens in a new tab)
  9. 09 California Legislature Cal. Code Civ. Proc. § 685.010: interest on judgments (5% on personal debt judgments under $50,000 from 2023) (opens in a new tab)
  10. 10 California Legislature Cal. Civ. Code § 1788.56: a debt buyer may not sue on a time-barred debt (opens in a new tab)
  11. 11 California Legislature Cal. Civ. Code § 1788.14: represented debtors, time-barred debt notices, hospital debt (opens in a new tab)
  12. 12 California Legislature Cal. Code Civ. Proc. § 412.20: the summons (30 days to file a written response) (opens in a new tab)
  13. 13 eCFR 12 CFR 1006.26: collection of time-barred debts (no suits or threats of suit) (opens in a new tab)
  14. 14 CFPB Can debt collectors collect a debt that’s several years old? (opens in a new tab)
  15. 15 Cornell LII 15 U.S. Code 1681c: Requirements relating to information in consumer reports (10 and 7 year limits) (opens in a new tab)

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