How to Respond to a Debt Collection Lawsuit in California
The deadline to answer a debt lawsuit in California, where to file, and what happens if you don't respond.
Short answer: File a written response, usually an Answer, with the court within 30 days after the summons is served. If no response is filed, the plaintiff can ask for a default judgment, which can lead to wage garnishment or a bank levy. Cal. Code Civ. Proc. § 412.20(a)(3)-(4); California Courts Self-Help Guide, Debt lawsuits
| Answering a debt lawsuit | File a written response, usually an Answer, with the court within 30 days after the summons is served. If no response is filed, the plaintiff can ask for a default judgment, which can lead to wage garnishment or a bank levy. The California Courts self-help guide has step-by-step instructions by type of debt. |
|---|---|
| Time limit to sue on a written contract | 4 years for an action on a contract, obligation or liability founded on a written instrument. Once the period has run, a creditor or collector may not sue or start arbitration to collect the debt, and the period can be extended only under the written-acknowledgment rule (CCP § 360). |
| How long a judgment lasts | A money judgment can be enforced for 10 years from entry and can generally be renewed for another 10 years by filing an application. For personal (consumer) debt judgments under $50,000 and medical debt judgments under $200,000, the creditor may renew only once, for 5 years (for applications filed after 2022). The one-time 5-year renewal rule was added by SB 1200 (2022), effective January 1, 2023. |
Where to get help in California
- California Department of Financial Protection and Innovation (DFPI), which licenses debt collectors and enforces the Rosenthal Act
- File a complaint or claim
More California debt & collections
- Statute of Limitations on Debt in California
- Wage Garnishment in California
- What Creditors Can't Take in California
- Medical Debt Protections in California
- All California debt & collections rules
FAQ
How do I respond to a debt collection lawsuit in California?
File a written response, usually an Answer, with the court within 30 days after the summons is served. If no response is filed, the plaintiff can ask for a default judgment, which can lead to wage garnishment or a bank levy. The California Courts self-help guide has step-by-step instructions by type of debt.
What is the statute of limitations on debt in California?
4 years for an action on a contract, obligation or liability founded on a written instrument. Once the period has run, a creditor or collector may not sue or start arbitration to collect the debt, and the period can be extended only under the written-acknowledgment rule (CCP § 360).
How long does a court judgment last in California?
A money judgment can be enforced for 10 years from entry and can generally be renewed for another 10 years by filing an application. For personal (consumer) debt judgments under $50,000 and medical debt judgments under $200,000, the creditor may renew only once, for 5 years (for applications filed after 2022).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.