Debt Statute of Limitations » California Debt Statute of Limitations

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California Debt Statute of Limitations

California Statute of Limitations on debt such as credit cards and unsecured loans.

The statute of limitations on debt in California limits creditors and debt collectors from collecting a debt after a specific time period.

Once the statute has expired the debt becomes legally uncollectible. Creditors and debt collectors may still pursue payment but you cannot be legally sued for the debt.

However, making a payment, acknowledging you owe the debt or making a written promise to pay the debt can renew the statute of limitations. Be careful when speaking with creditors and debt collectors about old debt because they are aware you have no legal obligation to pay debt that has passed the statute of limitations.

*Disclaimer: The accuracy of this information is not guaranteed, check your State’s Statutes directly to ensure up-to-date information.

In this article

1 California Statute of Limitations on Debt

2 Professional credit repair companies

California Statute of Limitations on Debt

Oral Contract: 2 years

Written Contract: 4 years

Promissory Note: 4 years

Open-Ended Accounts (Example: Credit Cards): 4 years

Collection Agency Bond Required: No

Collection Agency License Required: No

What happens in California when you have unpaid debt

If you can’t afford to pay a consumer debt in California, the law limits what a creditor or debt collector can do to collect the debt. A creditor or debt collector can take you to court and get a judgment against you.

Once a creditor has a judgment against you, it may be able to garnish your wages or ask the court for the money in your bank account. However, there are some forms of income that cannot be garnished. For instance:

In California, the following types of income are usually not subject to wage garnishment:

Public and private retirement benefits (such as IRAs and 401Ks).
Most forms of public assistance, including unemployment and workers’ compensation benefits, county assistance, student financial aid, and union benefits.
Insurance benefits, including payments received from life and homeowners insurance policies.
Social Security benefits (except in cases of debts owed to the federal government, such as delinquent taxes, and garnishments for overdue child support)

There is no such thing as a “debtors’ prison” so not paying your debt will not lead to imprisonment ⏤ unless the debt is child support or restitution ordered after a criminal conviction.

Professional credit repair companies

Credit repair can be an enormous task. Credit repair companies can do what you may not have time to see through. Consider getting professional help to get a clean slate.

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