Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in California
How long a creditor or debt collector has to sue you over a debt in California, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Four years. California treats credit-card debt as a written contract, book account, or account stated — all 4 years under §337. There is no longer written tier that stretches it out; every path lands at 4.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Under §360, a new acknowledgment or promise must be in writing and signed to extend a debt. A partial payment can extend a debt that is not yet barred, but the statute is explicit that "no such payment of itself shall revive a cause of action once barred" — so a payment does not resurrect a time-barred California debt.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how California classifies each debt type.
| Debt type | Limit in California | How it's classified |
|---|---|---|
| Credit card | 4 years | Open book account / account stated |
| Written contract | 4 years | — |
| Oral contract | 2 years | — |
| Open account | 4 years | — |
| Promissory note | 4 years | — |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What California debtors get wrong
California keeps it simple on the number and strict on revival. Whether a card debt is called a written contract, a book account, or an account stated, it lands at 4 years under §337, so there is no long written tier to worry about. The clock runs from your last activity — the later of your last charge or payment. And California draws a sharp line on revival: a new promise must be written and signed, and while a payment can extend a debt that has not yet expired, §360 says plainly that no payment revives a cause of action once it is already barred.
Common questions
What is the statute of limitations on credit-card debt in California?
Four years, under Code of Civil Procedure §337. California treats card debt as a written contract, book account, or account stated — all 4-year categories.
How long is the statute of limitations on an oral contract in California?
Two years under §339 — shorter than most states. Written contracts and accounts are 4 years.
Can paying a little revive an old debt in California?
Not once it is time-barred. Section 360 says no payment by itself revives a cause of action that is already barred. A payment can, however, extend a debt that has not yet expired, and a signed written promise can revive one.
When does the debt clock start in California?
From your last activity on the account — the later of your last charge or last payment. For a book or stated account it runs from the last item or entry.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.