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California Statute of Limitations on Debt

California's Statute of Limitation Generally Speaking is How Long?

Sometimes this is very easy to spot (such as the date of an accident) and other times it can be difficult to determine it exactly. As it pertains to debts, specifically say credit card debt, the creditor has 4 years from the date the written contract was “breached." 

Typically the breach occurs when no payment is made. This why it is important to know when you made your last payment. Generally the creditor has a record of your payments, but they are not always reliable. Also remember that the date of your last payment is not your breach date. It is the date the next payment was due and no payment was made. 

This is why many advise to not make a payment on an account when the statute of limitations is about to expire, as this may reset the clock and thereby allow the creditor more time to file a lawsuit.


If you have questions about the California statute of limitations on debt, contact Fitzgerald & Campbell today to learn more. 


Below Is a Chart of the “Statute of Limitations” in California

 

Description

Statute
Personal Injury, 2 years Cal. Civ. Proc. Code § 335.1
Product Liability, 2 years Cal. Civ. Proc. Code § 335.1
Wrongful Death, 2 years Cal. Civ. Proc. Code § 335.1
Contract (in writing), 4 years Cal. Civ. Proc. Code § 337
Enforcing Court Judgments, 10 years Cal. Civ. Proc. Code § 337.5
Fraud, 3 years Cal. Civ. Proc. Code § 338
Property Damage, 3 years Cal. Civ. Proc. Code § 338
Trespass, 3 years Cal. Civ. Proc. Code § 338
Contract (oral or not in writing), 2 years Cal. Civ. Proc. Code § 339
False Imprisonment, 1 year Cal. Civ. Proc. Code § 340
Libel, 1 year Cal. Civ. Proc. Code § 340
Slander, 1 year Cal. Civ. Proc. Code § 340
Medical Malpractice, 1 or 3 years 
(Depending on when the victim “discovers” the injury)
Cal. Civ. Proc. Code § 340.5
Legal Malpractice, 1 year Cal. Civ. Proc. Code § 340.6
Contract (in writing), 4 years Cal. Civ. Proc. Code § 337
Contract (oral or not in writing), 2 years Cal. Civ. Proc. Code § 339
False Imprisonment, 1 year Cal. Civ. Proc. Code § 340
Fraud, 3 years Cal. Civ. Proc. Code § 338
Enforcing Court Judgments, 10 years Cal. Civ. Proc. Code § 337.5
Legal Malpractice, 1 year Cal. Civ. Proc. Code § 340.6
Libel, 1 year Cal. Civ. Proc. Code § 340
Medical Malpractice, 1 or 3 years
(Depending on when the victim “discovers” the injury)
Cal. Civ. Proc. Code § 340.5
Personal Injury, 2 years Cal. Civ. Proc. Code § 335.1
Product Liability, 2 years Cal. Civ. Proc. Code § 335.1
Property Damage, 3 years Cal. Civ. Proc. Code § 338
Slander, 1 year Cal. Civ. Proc. Code § 340
Trespass, 3 years Cal. Civ. Proc. Code § 338
Wrongful Death, 2 years Cal. Civ. Proc. Code § 335.1
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