Statute of limitations on debt in California

4 years to sue on a written contract or an open account (Cal. Code Civ. Proc. §§ 337, 360; Cal. Civ. Code § 1788.14(d)).

Short answer

A new promise or acknowledgment only counts if it is in writing and signed by you (Cal. Code Civ. Proc. § 360). Once the 4-year period in § 337 has run, no one may sue or start arbitration to collect the debt, and the period can only be extended under § 360 (Cal. Code Civ. Proc. § 337(d)). Collectors must also warn you about old debts: A collector writing to you about a time-barred debt must include a set notice saying it will not sue you, and saying whether it may still report the debt to credit bureaus (Cal. Civ. Code § 1788.14(d)).

Written contracts
4 years
Open accounts and unwritten agreements
4 years
Notice that a debt is too old?
Yes

Time limits to sue in California

Law
Cal. Code Civ. Proc. §§ 337, 360; Cal. Civ. Code § 1788.14(d)
Official text
Read the law

At 4 years, California is shorter than the most common limit in our 48 state guides, 6 years; 3 states share this limit. Next door: 6 years in Oregon, 6 years in Nevada and 6 years in Arizona.

Your rights against collectors in California

  • A collector that bought or was assigned a delinquent debt must, if you ask in writing, send you free proof of the debt (balance, interest and fees, last payment date, original creditor) within 30 days, or stop collecting until it does (Cal. Civ. Code § 1788.14.5).
  • SB 1286 (2024): the Rosenthal Act now also covers certain small-business debts of $500,000 or less (amended sections effective Jan. 1, 2025; the proof-of-debt rule covers such debts sold or assigned from July 1, 2025, § 1788.14.5(i)).

If a collector breaks the rules: You can sue a collector for your actual damages. If the violation was willful and knowing, the court can add a penalty of $100 to $1,000. A winning consumer gets reasonable attorney's fees. You must sue within 1 year of the violation (Cal. Civ. Code § 1788.30).

Does paying restart the time limit in California?

A new promise or acknowledgment only counts if it is in writing and signed by you (Cal. Code Civ. Proc. § 360). Once the 4-year period in § 337 has run, no one may sue or start arbitration to collect the debt, and the period can only be extended under § 360 (Cal. Code Civ. Proc. § 337(d)). A payment does not by itself revive a debt that is already time-barred (§ 360).

More California rules on old debts

  • If a debt is too old to sue on, the collector's first letter after that point must say: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it" (Cal. Civ. Code § 1788.14(d)).

Must a collector say a debt is too old in California?

Yes. A collector writing to you about a time-barred debt must include a set notice saying it will not sue you, and saying whether it may still report the debt to credit bureaus (Cal. Civ. Code § 1788.14(d)).

Is my debt too old? Check California's time limit

California: 4 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in California

Say in your written answer that the debt is too old. Deadline in California: 30 days after you are served with the summons, to file a written response (Superior Court, including limited civil cases).

If you don't respond in 30 days, the plaintiff can ask the court to enter your default and give it what it asked for. That can lead to garnishment of your wages and the taking of money or property (Cal. Code Civ. Proc. § 412.20(a)(4)).

What to do if you are sued in California

What to do about an old debt in California

  1. Think before you pay or sign

    In California: A new promise or acknowledgment only counts if it is in writing and signed by you (Cal. Code Civ. Proc. § 360). Once the 4-year period in § 337 has run, no one may sue or start arbitration to collect the debt, and the period can only be extended under § 360 (Cal. Code Civ. Proc. § 337(d)).

  2. Ask the collector for proof

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  3. Check the collector's license

    California requires collectors to be licensed. Look the company up: Official license lookup.

  4. Report a suit on an old debt

    File a complaint with California Department of Financial Protection and Innovation (DFPI); you can also report to the California Attorney General's Public Inquiry Unit and to the CFPB at consumerfinance.gov/complaint. Phone: 1-866-275-2677.

Old debts and your credit report

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). Most collections must come off a credit report 7 years after a 180-day period that starts when you first fall behind (15 U.S.C. 1681c). Read the time-barred debt guide.

Where to get free help in California

Questions about old debts in California

When does a debt become too old to sue on in California?

4 years for written contracts and 4 years for open accounts and unwritten agreements (Cal. Code Civ. Proc. §§ 337, 360; Cal. Civ. Code § 1788.14(d)).

Can a small payment revive an old debt in California?

A new promise or acknowledgment only counts if it is in writing and signed by you (Cal. Code Civ. Proc. § 360). Once the 4-year period in § 337 has run, no one may sue or start arbitration to collect the debt, and the period can only be extended under § 360 (Cal. Code Civ. Proc. § 337(d)). A payment does not by itself revive a debt that is already time-barred (§ 360).

Must a collector tell me a debt is too old to sue on in California?

Yes. A collector writing to you about a time-barred debt must include a set notice saying it will not sue you, and saying whether it may still report the debt to credit bureaus (Cal. Civ. Code § 1788.14(d)).

Keep reading about California

Sources

Last checked: Oct 24, 2026.

Federal sources