The statute of limitations on debt in California is four years, as stated in the state's Code of Civil Procedure § 337, with the clock starting to tick as soon as you miss a payment.
In general, most debt will fall off your credit report after seven years, but some types of debt can stay for up to 10 years or even indefinitely.
Under the Fair Credit Reporting Act (FCRA), most negative information, including unpaid credit card debt, must be removed from your credit report after seven years. This seven-year period typically begins 180 days after the account first becomes delinquent.
You're not obligated to pay, though, and in most cases, time-barred debts no longer appear on your credit report, as credit reporting agencies generally drop unpaid debts after seven years from the date of the original delinquency.
California's Fair Debt Collection Practices Act has long been a critical framework for protecting consumers from abusive or unfair debt collection practices. Recently, however, Governor Gavin Newsom signed into law SB 1286 on September 24, 2024, expanding these protections to certain commercial debts.
Does credit card debt go away after 7 years? Most negative items on your credit report, including unpaid debts, charge-offs, or late payments, will fall off your credit report seven years after the date of the first missed payment. However, it's important to remember that you'll still owe the creditor.
Debt doesn't usually go away, but debt collectors do have a limited amount of time to sue you to collect on a debt. This time period is called the “statute of limitations,” and it usually starts when you miss a payment on a debt.
As you may have guessed by now, the short answer is: it depends. Here are some scenarios: Time-barred debt: If the statute of limitations has expired (which in many states would be the case after 10 years), the creditor cannot legally sue you for the debt. However, they may still attempt to collect through other means.
Exceptions to the 7-Year Rule
While the 7-year rule applies to credit reporting, it doesn't always shield you from wage garnishment. Certain debts can lead to garnishment beyond seven years: Federal student loans. Unpaid taxes.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.
Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.
Regulated by California state laws, any form of debt-related incarceration is illegal, and creditors are only allowed to seek civil remedies, which can include filing a civil lawsuit against debtors who have failed to pay their debts.
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
The law does not eliminate the debt, it merely limits the time frame that a creditor or collection agency has to take legal action to collect it. The time frame varies from state-to-state but is generally 3-6 years.
In simple terms, the debt forgiveness rules apply when a “commercial debt obligation” has been settled for an amount that is less than the full amount owing (i.e., the “forgiven amount”). A commercial debt obligation is generally a debt obligation on which interest, if charged, is deductible in computing income.
Generally speaking, negative information such as late or missed payments, accounts that have been sent to collection agencies, accounts not being paid as agreed, or bankruptcies stays on credit reports for approximately seven years.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
California debt relief is a real thing. It's available through a number of different California Debt Relief programs, including the state's Debt Relief Program and Mortgage Assistance Program. You can also get help from private debt relief companies.
When a company claims you didn't pay back a debt, the company (creditor) can file a lawsuit against you in court. This guide has information about your options if you are sued for a debt in California, and things you can do to avoid having your debt issue end up in court.