Debt collectors in California

Credit cards: Credit-card debt gets 4 years under either branch of CCP 337: (a) action on a written contract, or (b) book account, account stated, or open and current account. Since the 2024 amendment, 337a excludes 'consumer debt' incurred on or after July 1, 2024 from the definition of 'book account', but that definition covers only obligations that appear in a written contract or note, so such debts still fall under 337(a)'s 4 years. The 2-year oral-contract period (CCP 339) applies only to obligations not founded on a writing.

Payments and acknowledgments: (a) Before expiry: CCP 360 requires a signed written acknowledgment or promise. Only a payment on a promissory note is deemed an acknowledgment that restarts the period, so a payment on a credit card or other non-note debt does not by itself extend it. CCP 337(d) adds that a 337 period 'shall only be extended pursuant to Section 360.' (b) After expiry: 360 says no payment 'of itself shall revive a cause of action once barred', and 337(d) bars any person from suing or arbitrating once the 337 period has run. Whether a signed written acknowledgment made after expiry can still revive a 337 claim despite 337(d) is unsettled.

Judgments: A money judgment is enforceable for 10 years from entry (CCP 683.020) and is renewable by filing an application before expiry (683.130), which extends it for 10 years (683.120(b)). Renewal is not allowed within 5 years of a prior renewal (683.110(b)), and the debtor can move to vacate it within 60 days of the notice (683.160, 683.170). Since Jan. 1, 2023, a judgment against an individual for medical expenses (unpaid principal under $200,000) or personal debt (under $50,000) can be renewed only once, for 5 years. It cannot be renewed at all if it was already renewed on or before Dec. 31, 2022, and no action on such a judgment is allowed (683.110(c)-(d), 683.120(c), 683.050(b)). The real-property lien is extended only by recording the renewal (683.180).

Other rules: The official leginfo.legislature.ca.gov returned 403, so the text was read on public.law, which reproduces leginfo with update dates (337 updated Jan. 1, 2019; 337a Jan. 1, 2024; 683.110 Jan. 1, 2024; 683.120 Jan. 1, 2023; 1788.14 Jan. 1, 2025). The ban in CCP 337(d) binds any 'person' (original creditors as well as debt buyers) but covers only actions under 337; 1788.56 covers debt buyers for any applicable period. 1788.14(d) requires the notice 'The law limits how long you can be sued on a debt...' in the first written communication after a debt becomes time-barred. The once-only renewal limit for medical and personal debt judgments came from 2022 legislation effective Jan. 1, 2023 (bill number not confirmed). The 2024 Rosenthal Act expansion to 'covered debt' does not change limitation periods.

• open account: Cal. Civ. Proc. Code 337(a)-(b); 337a
• written contract: Cal. Civ. Proc. Code 337(a)
• oral contract: Cal. Civ. Proc. Code 339(1)
• promissory note: Cal. Com. Code 3118(a)
• judgment: Cal. Civ. Proc. Code 683.020, 683.050, 683.110, 683.120, 683.130, 683.160, 683.170, 683.180
• payment restarts: Cal. Civ. Proc. Code 360; 337(d)
• other: CCP 337(d) (no suit or arbitration by any person after the 337 period; added by SB 1061, 2018, eff. Jan. 1, 2019); Civ. Code 1788.56 (debt buyers may not sue or arbitrate on time-barred consumer debt; eff. 2014); Civ. Code 1788.14(d) (required time-barred-debt notices in written communications)

Sources: california.public.law · california.public.law · california.public.law