California Statute of Limitations
Time limits for filing civil lawsuits in California. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 4 years (Cal. Civ. Proc. Code § 337).
- Oral Contracts: 2 years (Cal. Civ. Proc. Code § 339).
- Personal Injury: 2 years (Cal. Civ. Proc. Code § 335.1).
- Property Damage: 3 years (Cal. Civ. Proc. Code § 338(b)).
California Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 4 years | Cal. Civ. Proc. Code § 337 | Accrues on the date of breach. |
| Oral Contracts | 2 years | Cal. Civ. Proc. Code § 339 | Accrues on the date of breach. |
| Personal Injury | 2 years | Cal. Civ. Proc. Code § 335.1 | Discovery rule applies: clock starts when injury is discovered or should have been discovered. |
| Property Damage | 3 years | Cal. Civ. Proc. Code § 338(b) | Accrues when damage occurs. |
| Medical Malpractice | 3 years | Cal. Civ. Proc. Code § 340.5 | 1 year from discovery or 3 years from injury, whichever is first. Tolled for minors until age 8. |
| Debt Collection | 4 years | Cal. Civ. Proc. Code §§ 337, 339 | Written debt: 4 years. Oral debt: 2 years. Credit card debt is generally treated as written. |
| Fraud | 3 years | Cal. Civ. Proc. Code § 338(d) | 3 years from discovery of the fraud. |
General Notes for California
California applies the discovery rule broadly — for many causes of action, the statute does not begin to run until the plaintiff discovers or should have discovered the injury. Tolling provisions exist for minors (under 18), persons who are mentally incapacitated, and defendants who are absent from the state.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for suing on a debt in California?
The statute of limitations for written debt (including credit card debt) in California is 4 years from the date of breach (typically the last payment). For oral debts, it's 2 years. After the statute expires, the debt is time-barred and the creditor cannot successfully sue to collect.
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Does the statute of limitations restart in California?
Making a partial payment or acknowledging the debt in writing can restart the statute of limitations in California. Be cautious about making any payment on old debt.
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What happens if I'm sued after the statute of limitations expires?
If you are sued on a time-barred debt, you must raise the statute of limitations as an affirmative defense. The court will not dismiss the case automatically — you must assert this defense in your answer.