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Statute of Limitations on Debt in California

In California, a creditor generally has 4 years to sue on a written contract or a book account, 2 years on an oral contract, and 6 years on a negotiable promissory note.

Last checked . General information, not legal advice.

California at a glance

Written contracts
4 years
Oral contracts
2 years
Promissory notes
6 years
For a negotiable note payable at a definite time. A note that is not a negotiable instrument may fall under the 4-year written contract rule.
Open accounts
4 years
Covers book accounts, accounts stated based on a written account, and open and current accounts whose items are in writing.

Sources

Last checked

The rules in California

What is the statute of limitations for a written contract in California?

Written contracts in California: 4 years.

What is the statute of limitations for an oral contract in California?

Oral contracts in California: 2 years.

What is the statute of limitations on a promissory note in California?

Promissory notes in California: 6 years. For a negotiable note payable at a definite time. A note that is not a negotiable instrument may fall under the 4-year written contract rule.

What is the statute of limitations on an open account, such as a credit card, in California?

Open accounts in California: 4 years. Covers book accounts, accounts stated based on a written account, and open and current accounts whose items are in writing.

Where do the California statutes of limitations on debt come from?

The rules above come from Cal. Code Civ. Proc. 337, Cal. Code Civ. Proc. 339 and Cal. Com. Code 3118. Each source is linked on this page. We last checked them in October 2026.

Good to know

Once the 4-year period in Section 337 has run, California law says a person may not sue, or start an arbitration or other legal proceeding, to collect the debt.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.