Sued by a debt collector in California

In California you usually have about 30 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Mark your deadline the day you are served. 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. Too old? California allows 4 years to sue on a written contract, and an older debt can be a defense.

Time to answer
30 days
Time limit to sue (written contract)
4 years
Court self-help
Official page

The answer deadline in California

Time to answer
30 days after you are served with the summons, to file a written response (Superior Court, including limited civil cases).
Court self-help
California court self-help (official)

Our 48 state guides range from 14 to 30 days to answer; California's 30 days is longer than most.

In nearby states

Missing the deadline in California

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)).

California rules for debt lawsuits

  • 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)).
  • 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).
  • AB 863 (2025) amended the summons rules (CCP § 412.20), effective Jan. 1, 2026.

Old debts as a defense in California

California's time limit to sue is 4 years (Cal. Code Civ. Proc. §§ 337, 360; Cal. Civ. Code § 1788.14(d)). On whether a payment restarts the clock in California: A new promise or acknowledgment only counts if it is in writing and signed by you (Cal. Code Civ. Proc. § 360). 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)).

Check California's statute of limitations

After a judgment in California

  • Wage limit: A creditor can take no more than the lesser of 20% of your weekly disposable earnings, or 40% of the amount by which your weekly disposable earnings exceed 48 times the state minimum hourly wage (or the local minimum wage, if higher where you work).
  • Bank account: Money in your bank accounts up to the state's "minimum basic standard of adequate care" for a family of four (Region 1) is protected automatically, per person.
  • Property: Homestead: the greater of $300,000 or your county's median home sale price from the prior year, capped at $600,000, both adjusted yearly for inflation (Cal. Code Civ. Proc. § 704.730).

California's garnishment rules

Suing a collector who breaks the rules in California

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).

What to do if you are sued in California

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    In California: 30 days after you are served with the summons, to file a written response (Superior Court, including limited civil cases).

  3. File a written answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with California court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than California's 4 years for written contracts?

  5. Go to every hearing

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in California

Questions about debt lawsuits in California

How many days do I get to answer a debt suit in California?

30 days after you are served with the summons, to file a written response (Superior Court, including limited civil cases).

What if I miss the deadline to answer in California?

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)).

Is an old debt a defense to a lawsuit in California?

California's time limit to sue is 4 years (Cal. Code Civ. Proc. §§ 337, 360; Cal. Civ. Code § 1788.14(d)). 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)).

Keep reading about California

Sources

Last checked: Oct 24, 2026.

Federal sources