Statute of Limitations on Debt in California (2023)

George Simons | June 28, 2023

Edited by Hannah Locklear

Creditors in California have only four years to sue debtors for most types of unpaid debts. However, it's important to understand a few exceptions to this period if you face a debt collection lawsuit in the state. Here's everything you need to know.

The California statute of limitations explained

The statute of limitation is the time limit that debt collectors have to sue a debtor for unpaid debts. The clock starts counting from the time you miss a payment and runs through to its expiry. However, some actions can stop and restart this clock. They include:

• Making Payments to the Account. Making partial or full payments to an old debt account can restart its statute of limitation period even if the debt was a month away from being time-barred. Such a payment proves you acknowledge the responsibility for the debt.


• Agreeing to a Repayment Plan. Some debt collectors may negotiate a flexible repayment plan with you, promising not to strain your finances. However, once you agree to the plan, the clock will automatically restart. Unless you're ready to commit to paying the debt, skipping payment will trigger collection efforts by the collector, and they'll have plenty of time to file a lawsuit against you.


• Accepting a Settlement Offer. You're still liable for a debt after its statute of limitation expires. The only difference is that the debt collector can't sue you. However, the collector may continue requesting payments from you and offer to accept a lesser amount than what you owe. This is called a settlement offer, and accepting it can restart the debt's clock.


• Making a New Charge on the Account. Making a new purchase or any charge on an old debt account can also revert the statute of limitations clock. That adds more debt to what you already owe and also renews the old debt.

Make the right affirmative defense with SoloSuit.

Statute of Limitations exceptions on debts in California

Generally, the statute of limitation for most consumer debts arising from written contracts in California expires after four years. So, in other words, the California statute of limitations on credit card debt, medical debt, student loans, and auto loans is four years.

However, other types of debt have a different statute of limitations in California. For example, the statute of limitations on mortgage and personal loan debt is six years in California, and the statute of limitations on judgment is ten years in California.

This means that a creditor only has four years to sue you for credit card debt, medical debt, student loan debt, and auto loan debt in California. Likewise, creditors only have six years to sue someone for a mortgage debt or personal loan debt in California. And if they've already received a judgment against you for a past debt, they have ten years to collect on that judgment.

The table below further outlines the statute of limitations on different types of debt in California:

Statute of Limitations on Debt in California

Debt Type	Deadline
Credit Card	4 years
Medical	4 years
Student Loan	4 years
Auto Loan	4 years
Mortgage	6 years
Personal Loan	6 years
Judgment	10 years
Findlaw

Debts without the statute of limitation in the state include federal student loans and child support. The government can collect the remaining balances on these debts until they are cleared for as long as necessary.

Judgment liens enforced on a borrower's property can last for as long as 10 years, even if the ownership of the property changes. Additionally, if you're behind in paying your state taxes in California, the state tax agents can collect the owed balances for up to 20 years.

Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.

Debt collection summons in California

A lawsuit is usually the last debt collection attempt by any creditor or debt collector. The creditor begins requesting payment as soon as your debt account starts accumulating balances. They may call and send you text messages or emails to remind you to pay the debt.

However, the creditor can only put up with all that for about 3 to 4 months before they decide to hand over your account to a debt collection agency. This decision saves them the time, money, and effort required during the collection exercise.

On the other hand, debt collection agencies have more time and resources to facilitate debt collection processes. They buy bad debts from creditors and then make profits by collecting as much as they can from debtors.

For this reason, debt collection agents work harder by utilizing several tactics to recoup the debt. For example, a debt collection agent may hire investigators to find your contact information even if you decide to keep a low profile for several years.

They may also try to negotiate repayment plans with you to convince you to clear the debt.

Debt collection practice in California is governed by the Federal Debt Collection Practices Act (FDCPA) to protect you from bad collection habits involving harassment and abuse. For example, you have the right to stop a debt collector from contacting you if they constantly bother you with calls and texts, especially during odd hours, usually before 8 am and after 9 pm. However, you won't be able to stop them from filing a lawsuit before the statute of limitation on the debt expires.

Don't be intimidated by debt collectors. Respond with SoloSuit and win your case.

Responding to a debt collection lawsuit in California

Some collectors sue debtors for old debts hoping that they won't respond to the summons and complaints. In most cases, debt collectors may have no idea that the debt is time-barred, especially if the collection account has changed ownership severally. Along the way, the correct records for the debt may be lost, making it difficult to trace the original dates and amounts of the debt supposedly owed.

Whatever the case, if you fail to respond to the lawsuit, the court will automatically pass a default judgment against you.

To avoid the default judgment, follow these steps:

Confirm the deadline for filing your Answer. In California, you have either 30 or 40 days to respond to the debt complaint.

The 30-day deadline applies if the summons was served directly to you.

On the other hand, the 40-day deadline applies if the summons was mailed to you or delivered to any other person in your household.

Next, prepare your Answer document responding to every complaint in paragraphs corresponding to each paragraph on the summons and complaints. You'll also assert your defenses in this document.

Lastly, file your Answer with the relevant court and serve the plaintiff with a copy.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court