Statute of limitations on debt in California
In California, a creditor or debt collector has 4 years to sue on a written contract, 2 years on an oral agreement, and 4 years on an open account such as a credit card (Cal. Code Civ. Proc. § 337 (4 years, written contracts and book accounts/accounts stated/open mutual accounts); Cal. Code Civ. Proc. § 339 (2 years, oral contracts); Cal. Code Civ. Proc. § 360 (acknowledgment/payment)). For medical bills, the operative number is 4 years — California medical bills are governed by Code of Civil Procedure § 337 whether characterized as a written contract (signed admission/financial agreement) or as a book account / account stated / open account — both carry 4 years, so 4 years applies to unpaid medical bills either way; only a purely oral arrangement with no account kept would fall to 2 years under § 339, which is rare for medical providers.
| Written contracts | 4 years |
| Oral agreements | 2 years |
| Open accounts (credit cards) | 4 years |
| Medical debt | 4 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
A new promise or acknowledgment revives a debt only via a signed writing under CCP § 360, but that section expressly preserves the effect of a payment of principal or interest — so a partial payment can restart the clock — although Civ. Code § 1788.14 bars collectors from suing once the original period has run.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in California.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: California Attorney General's Office, Public Inquiry Unit (Consumer Protection).
California’s own collection law
The Rosenthal Fair Debt Collection Practices Act (plus the Fair Debt Buyer Practices Act) (Cal. Civ. Code § 1788 et seq.; Cal. Civ. Code § 1788.50 et seq.) The Rosenthal Act incorporates the federal FDCPA's protections and extends them to original creditors collecting their own consumer debts, with statutory damages; the Fair Debt Buyer Practices Act adds documentation and pleading requirements for purchased debt. Yes — under the Debt Collection Licensing Act (Cal. Fin. Code § 100000 et seq.), since Jan. 1, 2022 debt collectors and debt buyers collecting California consumer debt must be licensed by the Department of Financial Protection and Innovation (DFPI).
Common questions
What is the statute of limitations on debt in California?
California allows 4 years to sue on written contracts, 2 years on oral agreements, and 4 years on open accounts such as credit cards (Cal. Code Civ. Proc. § 337 (4 years, written contracts and book accounts/accounts stated/open mutual accounts); Cal. Code Civ. Proc. § 339 (2 years, oral contracts); Cal. Code Civ. Proc. § 360 (acknowledgment/payment)). Medical debt is generally treated as a written contract here — 4 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations in California?
A new promise or acknowledgment revives a debt only via a signed writing under CCP § 360, but that section expressly preserves the effect of a payment of principal or interest — so a partial payment can restart the clock — although Civ. Code § 1788.14 bars collectors from suing once the original period has run.
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in California
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Idaho
- Medical debt laws in Maine
- Medical debt laws in Montana
- Medical debt laws in North Carolina
- Medical debt laws in South Carolina
- Medical debt laws in Washington
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.