State file — California
Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.
| How long they have to sue you — credit-card debt | 4 years · Cal. Civ. Proc. Code §337 From a secondary source — double-check before you rely on it §337 sets 4 years for both written contracts (§337(a)) and book/open accounts (§337(b)); §337(d) bars suit or arbitration once the period runs and allows extension only under §360. Statute text confirmed in full-text code reproductions this pass, but the official leginfo page itself was not retrieved, so it is flagged secondary. |
| If the clock has run out | Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. Cal. Civ. Proc. Code §360 From a secondary source — double-check before you rely on it No acknowledgment or promise takes a case out of the statute unless it is in a writing signed by the party to be charged. Sole payment exception: a payment on a promissory note counts as an acknowledgment, but even that 'shall not revive a cause of action once barred.' A payment on a credit-card balance alone does not revive an expired California clock. |
| Deadline to answer a lawsuit | 30 days after service of summons and complaint (40 days total where substituted service is used, because service completes 10 days after mailing); small claims uses a hearing date instead of a written answer · Cal. Civ. Proc. Code §412.20 |
| Taking your paycheck (wage garnishment) | More protective than the federal cap. NOT the federal 25%: since Sept. 1, 2023 (§706.050 as amended by SB 1477), the weekly maximum is the lesser of 20% of disposable earnings or 40% of the amount by which disposable earnings exceed 48 times the state (or higher local) minimum hourly wage. Earnings needed for the debtor's/family's support are additionally exempt under §706.051. Cal. Civ. Proc. Code §706.050 From a secondary source — double-check before you rely on it |
| Taking your bank account (a levy) | A statutory minimum balance in deposit accounts is exempt from levy without filing a claim (amount set by §704.220 — $1,788 in the statute, periodically adjusted); funds traceable to Social Security and other public benefits are exempt under §704.080, and a need-based exemption (§704.225) can protect more. Cal. Civ. Proc. Code §§704.220, 704.080 From a secondary source — double-check before you rely on it Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212). |
| Original creditor calling? | Yes — the Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code §1788 et seq. (§1788.2)) applies FDCPA-style rules to original creditors. The Rosenthal Act's 'debt collector' definition covers any person who regularly engages in debt collection 'on behalf of himself or herself or others,' so original creditors collecting their own consumer debts are covered, unlike under the federal FDCPA. |
| How long a judgment lasts | 10 years — Renewable by application filed before expiry, extending enforceability another 10 years; renewals may be repeated (an application may not be filed within 5 years of a prior renewal) · Cal. Civ. Proc. Code §§683.020, 683.110-683.130 From a secondary source — double-check before you rely on it |
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4 years under Cal. Civ. Proc. Code §337. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).
Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. (Cal. Civ. Proc. Code §360).
30 days after service of summons and complaint (40 days total where substituted service is used, because service completes 10 days after mailing); small claims uses a hearing date instead of a written answer (Cal. Civ. Proc. Code §412.20). Most of these cases are lost by default — by never answering at all.
NOT the federal 25%: since Sept. 1, 2023 (§706.050 as amended by SB 1477), the weekly maximum is the lesser of 20% of disposable earnings or 40% of the amount by which disposable earnings exceed 48 times the state (or higher local) minimum hourly wage. Earnings needed for the debtor's/family's support are additionally exempt under §706.051. (Cal. Civ. Proc. Code §706.050).