Statute of Limitations on Debt in California
How long a creditor or collector has to sue you over a debt in California, and whether a payment restarts the clock.
Short answer: 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). Cal. Code Civ. Proc. § 337(a), (d)
| 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). |
|---|---|
| Time limit for credit cards and open accounts | 4 years for a book account, an account stated based on a written account, or the balance of a mutual, open and current account with written items. 2 years for a contract not founded on a writing, such as an oral agreement. |
| Can a payment restart the clock? | An acknowledgment or promise to pay extends the period only if it is in writing and signed by the debtor. A payment on a promissory note restarts the period for that note, but a payment by itself does not revive a debt that is already time-barred. Source: Cal. Code Civ. Proc. § 360 |
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
- Wage Garnishment in California
- How to Respond to a Debt Collection Lawsuit in California
- What Creditors Can't Take in California
- Medical Debt Protections in California
- All California debt & collections rules
FAQ
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 can a creditor sue on a credit card debt in California?
4 years for a book account, an account stated based on a written account, or the balance of a mutual, open and current account with written items. 2 years for a contract not founded on a writing, such as an oral agreement.
Does making a payment restart the statute of limitations in California?
An acknowledgment or promise to pay extends the period only if it is in writing and signed by the debtor. A payment on a promissory note restarts the period for that note, but a payment by itself does not revive a debt that is already time-barred.
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.