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Question:
MAY 24, 2012

California Statute of Limitations for Contracts

What is California's statute of limitations for collecting a debt?

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California
Bill's Answer: Bills.com Resident Expert

Statutes of limitations for debt are often misunderstood. It is common for people to mix together the timelines for charging off a debt, the credit report reporting period for delinquent debt, and a state’s statute of limitations into one concept. My answer here will describe each of these, with a focus on California’s statute of limitations rules. Let us start with the statute of limitations.

Quick tip Struggling with debt? Contact one of Bills.com’s pre-screened debt providers for a free, no-hassle debt relief quote.

Statute of Limitations For Debt in General

When a borrower fails to repay a debt, this is considered a breach of contract. A contract can be written or spoken. A breach of contract may give the harmed party a cause of action, which is a legal reason to file a lawsuit against the other party.

A statute of limitations for contract breach is, at its heart, a state's policy decision. It is an attempt by the state legislature to set the amount of time people and organizations in that state have to use the courts to resolve contract breaches. Some legislatures like Ohio set long statutes of limitations, and others like California, set short limits.

A statute of limitations for debt is an affirmative defense a defendant can use if the time for filing an action (a lawsuit) has exceeded what the state allows. In all but a few states, the passing of a statute of limitations does not prevent a plaintiff (a collection agent or original creditor) from filing an action. If the statute of limitations has passed, the defendant (the debtor or consumer) must raise this defense before the conclusion of the trial. The court will dismiss the case if it accepts the statute of limitations defense.

A statute of limitations for debt does not:

  • Prevent the filing of a lawsuit (in most states)
  • Set how long a debt can appear on a credit report
  • Allow you to ignore a court’s summons
  • Bar collection agents from attempting the collect the debt (except in Wisconsin and North Carolina)

If you determine your state’s statute of limitations for breach of contract has passed, the likelihood of the creditor attempting to file an action to enforce the debt is low. A creditor filing an action indicates either he or she believes the statute of limitations has not expired, or he or she believes the defendant will not raise this defense.

California Statute of Limitation for a Contract

According to California Code of Civil Procedure § 337(1), the statute of limitations for a written contract is four years. Under § 339(1), the limit for an oral contract is two years. See the Bills.com resource Collection Laws and the Statute of Limitations for the rules in other states. See also How to Tell Which Statute of Limitations Applies to Your Situation.

The California statute of limitations does not apply to a collection agent telephoning or sending letters in an attempt to collect a debt. Under California law, the passing of the statute of limitations for a breach of contract relating to a consumer debt does not mean a creditor cannot file an action, or that collection agents are barred from collecting the debt. In California, the statute of limitations is a defense used in a trial only.

California courts allow contracting parties to modify the length of the otherwise applicable California statute of limitations, whether the contract has extended or shortened the limitations period. Extending the length must take place at the time of contract, and cannot be done retroactively.

Clock Starting & Stopping

When does the clock on a statute of limitations for a contract begin to run? In earlier versions of this answer, my writing was unclear on this subject. Under California CCP § 312, “Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute.” What does this mean?

Courts interpret and refine vague statutes. A 1992 case, Spear v. Cal. State Automobile Ass’n, is a recent decision on this matter. The California Supreme Court decided, “A contract cause of action does not accrue until the contract has been breached.” In the 1996 case Angeles Chem. Co. v. Spencer & Jones, the same court decided, “The claim accrues when the plaintiff discovers, or could have discovered through reasonable diligence, the injury and its cause.”

These cases mean that in California, the clock starts when the moment the borrower defaults on their payments. If, for example, a payment is due on June 1 and it does not arrive by that date, the statute of limitations clock starts running on June 2. Similarly, if a payment of — for the sake of argument — $100 is due on July 1 and the borrower pays less than $100, the borrower is in breach of contract at that point.

Tolling & Statutes of Limitations

Tolling stops the statute of limitations clock. These events can toll a statute of limitations in California:

  • Defendant absent from the state (CCP § 351)
  • The plaintiff was a minor (CCP § 352(a); Family Code § 6500 and 7050(e)(4))
  • Plaintiff was mentally disabled or incompetent (CCP § 352(a))
  • Plaintiff was incarcerated in prison (CCP § 352.1(a))
  • The defendant has a restitution order in place (CCP § 352.5)
  • The plaintiff or defendant die (CCP § 366.1 and 366.2)
  • State Bar takes over the attorney’s law practice (CCP § 353.1 )
  • War prevents access to the court (CCP § 354)
  • Bankruptcy, injunction or statutory prohibition (CCP § 356)
  • Voluntary agreement between the parties (CCP § 360.5)
  • Defendant’s felony conviction (CCP § 340.3(a))
  • Military service (50 U.S.C. App. § 526)
  • Delayed discovery, when plaintiff suspects or should have suspected injury
  • Various equitable tolling circumstances, including impossibility due to circumstances, interference, fraud and so on

Consult with an attorney licensed to practice in California to discuss the specifics of your situation and to help you determine if tolling applies.

Credit Report, Charge-Off & Statute of Limitations

The amount of time that derogatory comment on an account in a credit report is set by federal law called the Fair Credit Reporting Act. The federal credit report rules and the California civil procedure rules regarding the statutes of limitations have only one tiny connection: The length of time a judgment may appear on a credit credit report is either 7 years or the life of the judgment, whichever is longer. A California judgment is valid for 10 years, and can be renewed. Therefore, a California judgment will appear on a person's credit report for 10 years.

See the Bills.com resource Charge-Off & Credit Report to learn more about the relationship between statutes of limitations and credit reports.

Your Question

You mentioned you reside in California, your last payment was due in 2003, and you received a summons from a lawyer. You also mentioned copies of your credit reports.

Review your credit reports to see if the date of first delinquency is mentioned. If you stopped making payments and never restarted, this date of first delinquency is clue to the date of contract breach. Ignore the charge-off and first reported dates, as those are not significant for learning your date of breach. It is likely the statute of limitations has run its course, unless you fit into one of the tolling exceptions listed above. However, as we discuss above, a California plaintiff is not barred from filing an action if the statute of limitations has expired. Consult with a California lawyer who has civil litigation or consumer law experience to discuss how to file an answer that includes a motion for dismissal based on a statute of limitations defense.

For more information about negotiating with your creditors, visit our debt settlement information page.

For further information regarding options available to consumers struggling with debt, I invite you to visit the Bills.com debt help resources page. I hope the information I have provided will help you Find. Learn. Save.

Best,

Bill

Bills.com

Comments (210)


Karla P.
Los Angeles, CA  |  May 24, 2012
Question: My brother signed a contract for a 1 year gym membership in January 2011. In January 2012 he tried to close it but was being charged with the following month's membership fee and additional late fees. He tried closing the account but was told he first had to pay the fees. The gym piled up 4 month's fees & late fees & will continue to refuse to let him close the account until he pays a ridiculous amount in fees for a gym membership he hasn't used all year. Is this acceptable? For the gym to keep accruing all these monthly membership charges/interests despite him not using the facilities? Shouldn't they just have let him close his account after the 1 yr membership expired? They are unwilling to negotiate a reasonable settlement. Should he wait until being sent to collections? Or just pay of the debt? Please advise
Bills.com
May 25, 2012
Your brother's first step should be to read the contract he signed. Look for the section called "contract termination" or words to that effect. Your brother needs to understand what he agreed to do to end his gym membership.

You asked if it is acceptable for the gym to hold him to the terms of the contract if he has not used the facility. I understand your point, but we sign contracts like this all of the time. For example, most cell phone contracts have a monthly minimum fee whether we even turn our phones on. States require us to pay for vehicle insurance even if our car sits in the garage for months on end. We pay the same monthly fee for a bank safe deposit box whether we have nothing in it or the Hope Diamond.

I realize your brother informed the gym he wanted to end the contract. According to the contract, giving notice may not be enough. He may need to pay an early termination fee. Is paying such a fee reasonable? Maybe, maybe not. Tell your brother to take the contract to a lawyer who has consumer law experience for a review. The contract may be considered unreasonable and unconscionable in his state of residence.
Stephanie B.
Covina, CA  |  May 16, 2012
Hello ok so I have a question: my mom receive a call in which she did not answer & they left a voicemail asking for me, in the voicemail the person did not mention anything about trying to collect debt they just said that the next day someone would be stopping by to have me sign some papers & if I did not sign them it would show as failure to sign or something like that. (i had no clue who was calling me in till this morning that I called back) When i called I came to find out that they were trying to collect debt about a credit card i haf, but stopped paying in February of 2010, they told me that my debt was baught off by an investor & that if i did not pay iy off or settle it off for monthly payments then they would put a law suit against me & that i would end up paying $2251 & if i made an agreement wit them I had to pay what i previously owed. What should I do? They told me I have till 12pm to call & make an agreement wit them.
Bills.com
May 16, 2012
First, the 12 pm deadline for returning their call is an artificial deadline that is designed to spur you into action. Second, you indicated you reside in California. See the Bills.com resource California Collection Laws to learn more about your rights and liabilities as a California resident.

You asked what to do. I suggest you validate the debt. A debt that cannot be validated cannot be collected. Follow the link I just mentioned to learn how to validate a debt.
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Ken R.
Beaverton, OR  |  May 16, 2012
I might add that although they cannot continue collection activity, there is a chance they can sue. Yes, initiation of a lawsuit is a collection activity and, in theory, they may not do that until the debt is validated, not all jurisdictions have held that to be the case. In addition, if they file suit prior to a validation request, it puts you at a disadvantage. From what you mention, it seems like the debt is not time barred by the statute of limitations. Depending on how motivated the creditor is, you may find they obtain a judgment against you.
Brad H.
Los Angeles, CA  |  May 09, 2012
Thank you in advance for your reply. I live in California. I have unsecured credit card debt from 2006. All accounts went past due in March of 2006. I have never attempted to repay these debts. Scanning court records, in my county, I discovered that I had a lawsuit filed against me by one of the creditors. Judging by the case notes, I see that the case was dismissed without prejudice because the creditor failed to serve and give me proper notice. During the last six years, I lived out of state for six months, in 2008. Today, I received a collection style call at home. I have two questions: 1. Did the tolling stop when I reestablished residency in California after my six month absence from the state? 2. Did the filing of the lawsuit, by the creditor, have an affect on the SOL clock?
Bills.com
May 11, 2012
  1. California Code of Civil Procedure § 351 sets the tolling rule for the circumstances you described:
    If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.

    To oversimplify 351 a bit for the point of illustration, the clock stops when you leave California, and it restarts when you return.

  2. Filing a lawsuit can, in narrow circumstances, start a different one-year statute of limitations clock. See § 355 and § 356 to see if either of these rules fit your circumstances. Based on what you described, I do not believe they do, but review the statutes to be sure.

When a reader faces litigation, I always advise consulting with a lawyer. This is because readers do not always share all relevant facts in their comments, and my understanding of the law in all US jurisdictions is far from complete.

If the statute of limitations has run on the debt here, and a collection agent pesters you to pay the debt, send it a cease communications letter.

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Dan S.
Beverly Hills, CA  |  May 16, 2012
I am a California debtor, having borrowed on a small business line from an eastern bank doing business in California. Thee line was not renewed, and all principal and accrued interest were state as due in January of 1988. No payment was made. I assume, given no other factors, that the 4 year statute would have run in January 2012. However, in the interim, in June of 2011, another written demand was made on the original debt, stating the new updated figure taking into account accrued interest. My questin is whether or not another 4 year statute began to run as of the date of the new demand, on account stated or whatever that is called. Thank you.
Bills.com
May 16, 2012
What is the date of breach on the contract? That starts the statute of limitations clock, generally speaking. Please see the section entitled "Clock Starting & Stopping" above for an analysis of California statute and case law on this matter.
Charlie L.
Sonoma, CA  |  May 03, 2012
Can an organization invoice us NOW for software support from 2008 and 2009. We have not used this software since early 2010 . I did not know if there were statute of Limitations for something like this?
Bills.com
May 03, 2012
A statute of limitation for debt is an affirmative defense a consumer or other defendant can raise in court. Except in Wisconsin, a statute of limitations does not bar a creditor from collecting a debt.

To your point, I am not aware of any rules in California that regulate how much time can pass before a creditor may start collections.
Steve C.
Oakland, CA  |  May 02, 2012
Im curious about the SOL in california for a voluntary reposession..here is the credit report info:
Account Owner: Maker
Type of Account : Installment
Credit Limit:
Term Duration:
Terms Frequency: Monthly (due every month)
Date Opened: 09/2003
Balance: $12,754
Date Reported: 04/2012
Amount Past Due:
Date of Last Payment: 06/2009 (This is when they sold the car)
Actual Payment Amount: $7,076
Scheduled Payment Amount: $490
Date of Last Activity: N/A
Date Major Delinquency First Reported: 11/2009
Months Reviewed: 71
Creditor Classification:
Activity Designator: N/A
Charge Off Amount: $12,754
Deferred Payment Start Date:
Balloon Payment Amount:
Balloon Payment Date:
Date Closed:
Type of Loan: Auto
Date of First Delinquency: 04/2008
Comments: Charged off account, Fixed rate

The timeline shows that I was 30 days late starting in April of 2008 and increases to 180 days late in October. It stays at 180 days late until charge off in November of 2009. Im not sure if I made payments between after April of 2008 and the voluntary repo. Does the clock start ticking from the date of first delinquency or the last payment I ever made on it?
Bills.com
May 02, 2012
Let me answer a question you did not ask, first. For the purposes of learning when the 7½-year clock starts for this derogatory account appearing on your credit report, the date of first delinquency is what to look for. Here, the date of first delinquency is April 2008. This means this account will fall off your credit report on or about October 2015. Now the harder question.

Editor's note: Updated answer follows. In California, the statute of limitations clock may or may not start at the same time as the date of first delinquency, depending on the circumstances, but usually it is a different date. The statute of limitations clock starts with the date of breach. Or, if the borrower never made a payment, the clock starts when the first payment was due. Here, you need to dig into your bank or credit union records to find your last payment date. Based on the facts you mentioned, this was somewhere between April 2008 and June of 2009.
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Ken G.
Beaverton, OR  |  May 02, 2012
It is unlikely the statute of limitations starts with the date of last payment. In California, as in other states, the SOL starts after a cause of action shall have accrued. As such, it is unlikely to be the date of last payment. Without actually examining the terms of your contract (acceleration clauses can be a factor), the most likely trigger of the SOL in your case is the day after the due date of your final missed payment. It may also be the day after your first missed payment was due should you never have subsequently brought the account current.
Leticia M.
Corona, CA  |  April 26, 2012
My attorney has informed me that my husband and I do not meet the burden to file Chapter 7 and would need to file Chapter 13. I just checked out credit reports and all our creditors have updated our credit reports as "account charge off". Does this mean we are "off the hook" unless they sell it to a collection agency? Thank you.
Bills.com
April 27, 2012
Charge off has no meaning to consumers, as a legal matter. Charge-off is a creditor moving the customer's account from the accounts receivable ledger to the bad debt line on the general ledger. As a practical matter, it is usually easier for a customer to negotiate a settlement for less than the full balance due on an account in a charged-off status, than it is to negotiate a current account.

Just to be clear: Charge-off is not the same as canceling or forgiving a debt.
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Leticia M.
Corona, CA  |  April 27, 2012
Thank you. We had advised our creditors that we were filing Chapter 7 so they have not contacted us. With this information, would it be best to work with the larger debt companies first to try to work something out? Should we wait for them to contact us or should we initiate the call. Appreciate your information.
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Ken G.
Beaverton, OR  |  April 27, 2012
I might point out that a creditor typically charges off an account approximately 180 days after default and that can trigger the CRTP. Negative entries on a credit report can remain, in most instances, 7 years from date of charge off.
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Leticia M.
Corona, CA  |  April 28, 2012
I am sorry, but what is CRTP?
Bills.com
April 29, 2012
"CRTP" stands for "Credit Report Time Period," in this case, I believe.
Bills.com
May 01, 2012
Leticia, are you indeed planning to file for Chapter 7 bankruptcy? If so, that will clear out your debts, if you qualify (though you may need to liquidate assets, depending on the bankruptcy exemptions in your state).

If you told your creditors you plan to file for BK, when you did not really plan to do so, in order to slow down their collections, then you need to work on an alternate strategy. Whether you work on the largest debts or not depends on a variety of factors, including your ability to pay for any settlement you may reach and how aggressive your different creditors are towards you.

I suggest that you speak with a bankruptcy attorney, to see if you qualify for Chapter 7. You're not required to file, just because you qualify. If you do qualify, however, it increases your leverage with your creditors to negotiate favorable settlements. The attorney will recommend a course of action.
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Leticia M.
Corona, CA  |  May 01, 2012
Thanks for your response. We have spoken to an attorney and unfortunately do not qualify for Chapter 7, but do for Chapter 13 with all creditors paid back within 5 years. However, the additional costs of the attorney fees ($1,100 versus $4,000) and the trustee fees ($4,000+) makes us hesitant to file and more inclined to work with our creditors to settle. Is there language I should use when contacting them to help with the process and updating our credit report with a more positive update versus "charge off"? We truly appreciate your help.
Bills.com
May 01, 2012
If an account has gone into charge-off status, nothing short of negotiating a pay for delete is going to remove accurately reported information.

Please read the Bills.com article How to Settle Credit Card Debt, which discusses both how an individual should handle negotiations and what to look for, when trying to find a reputable debt settlement firm.
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Leticia M.
Corona, CA  |  May 01, 2012
THANK YOU! Your site is wonderful.
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Ken G.
Beaverton, OR  |  May 01, 2012
Actually some creditors will remove negative information they have reported to your credit report as a gesture of good will. When discussing payment terms with your creditors mention this aspect. Not all will agree, but you'd be surprised at how many will -- especially collection agencies.
Yolanda G.
Ontario, CA  |  April 26, 2012
I have an old credit card that was last paid on 7/2005 on 5/2008 they filed a judgment and today on 4/26 I receive a garnishment. Does the statue of limitations apply? Why would they not have sent me notices prior to this garnishment notice and what can I do now? They want nothing less then full payment.
Bills.com
April 26, 2012
Once a judgment is obtained, the SOL for collecting on the debt no longer applies. What does apply is the state law for how long a judgment remains enforceable, which varies from state to state. Also, some states allow judgments to be renewed.

There is not a lot you can do, at this point, if the judgment-creditor is satisfied with what it can take from you via a garnishment. Do be careful, however, regarding your bank account, as you could have a bank account levied at the same time that you're having your wages garnished.
Therese O.
Long Beach, CA  |  April 22, 2012
Last July 2011, I was charged a mowing fee by the HOA and property management company for my land in San Luis Obispo. This was done without my knowledge and without my permission. Can they legally take me to court for this fee? I feel like it's more of a trespassing issue from my point of view. Thank you!
Bills.com
April 23, 2012
Yes, the HOA can sue you. What the HOA has the authority to do is based on the terms of your HOA agreement. If you feel that the HOA exceeded its authority, meet with a lawyer to get a legal opinion based on a review of the actual agreement.
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Therese O.
Long Beach, CA  |  April 26, 2012
Thank you for responding so quickly. There is nothing in the CC&Rs that states that the HOA can do this. Is there a statute of limitation on this type of thing? They did the weed abatement in July 2011 and I have yet to pay this fee...it has been 8 months.
Bills.com
April 27, 2012
Statutes of limitations relate to contracts, such as credit card debt and sales, and torts.

If the HOA does not have a legal right set forth in your CC&Rs or other covenants running with the land to enter your property to cut grass or remove weeds, then you may not have any liability for its costs of cutting the grass or removing the weeds. Let me illustrate my point with a brief hypothetical situation: Let's say you were out cutting your grass one morning, and in a burst of entrepreneurial spirit you cut the front lawns of the neighbors on either side of yours. You knock on each door and say, "Your lawn looked a bit shaggy, so I cut it! Please pay me $20." Your neighbors refuse to pay and you take them to court. No judge in the US would allow you to profit for completing an unauthorized service in these circumstances.

If the HOA does not have a legal right set forth in your CC&Rs or other covenants running with the land to enter your property to cut grass or remove weeds, then it may have committed trespass when it entered your land without your permission. If your HOA was acting like the entrepreneurial homeowner, then not only do you not have to pay it for the services performed, you may have a cause of action for trespass. On the other hand, let us say you live in an area prone to fires, and your property was so overgrown it posed a threat to other properties. Then for the safety of the public, the HOA may argue that even though it did not have your permission to enter the land, a public necessity exception applies. Because of this necessity, you have liability to pay for the maintenance to make your property fire-safe.

There is more I do not know about your situation than I know. That is why I suggested in my earlier response for you to consult with a lawyer to learn your rights and liabilities in your particular circumstances.
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Ken G.
Beaverton, OR  |  April 27, 2012
Actually, it would be exceedingly rare if your HOA did not have the legal authority to do what they did. You might want to go back and read the CC&R's carefully and look for items such as external appearances / aesthetics of property, various items which tend to reduce resale values of properties in the neighborhood, etc ... . They do not have to specifically cite "lawn care" in the HOA. Your best course of action is seeking local legal counsel who can actually go over your agreement with the HOA.
Mark T.
Anderson, CA  |  April 13, 2012
I filled for BK in 2005 and 2009 both were dismissed. There was a student loan from with a private company. Has the SOL run out from the Original time I filled BK?
Bills.com
April 13, 2012
I assume when you use the word "dismissed" you mean the bankruptcy court threw both the 2005 and 2009 bankruptcy filings out of court, and neither resulted in successful discharges of your debt. If so, then these unsuccessful filings have nothing to do with any statute of limitations for debt. You mentioned a private student loan. When was the last payment on this loan? You indicated on the form where you entered your comment that you reside in California. The California statute of limitations probably applies to this debt. The statute of limitations for a written contract in California is mentioned in the original article above.
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Ken G.
Beaverton, OR  |  April 13, 2012
We need to be careful when it comes to student loans. Not only are they now no longer dischargeable in bankruptcy, bu there are also additional collections devices which are available to those creditors which are not available to creditors in non-student loan debts and that the statute of limitations may or may not protect you from.

It used to be that "private" student loans were treated as any other common unsecured debt, but that is no longer the case. Even the loan was obtained from a private lender, Congress has amended the law to include them in the same category as student loans obtained directly from government lenders. Amongst other things, and in addition to additional collections methods as previously mentioned, this means that they may report on your credit report for far longer than 7 years from date of first delinquency. Far longer.
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Mark T.
Bieber, CA  |  April 13, 2012
The last payment was 2006 when I filled for BK. Does the SOL count during BK or it starts again from the dismiss. And yes, you are correct, thrown out by the courts. Am, I still responsible, if so I will continue to pay but if not then I will let the company know about SOL.
Bills.com
April 14, 2012
The California statute of limitations for a debt is tolled while an injunction or statutory prohibition to collect is in place. This applies because a bankruptcy stay stops creditors from taking an action while the stay is in place. In other words, during a stay, the statute of limitations clock pauses at the moment the stay becomes effective, and then restarts when a stay is lifted. See California Code Of Civil Procedure Section 356 for details.
Charles B.
Santa Clara, CA  |  April 11, 2012
Hello. I have credit card debt that will hit the SOL in dec of this year. (I live in calif) I just received court papers that a local collection is going to court to collect. If they get a judgement againt me and then dec arrives, can they still collect? Should I contact them in Dec 2012 and mention that the debt is past the SOL? Thx for your help.
Bills.com
April 11, 2012
The statute of limitations refers to the date of filing an action, not collecting on a judgment. Let us say for the sake of argument the statute of limitations expires on December 10. The creditor has until the clerk of court's office closes on December 9 to file the action with the court. Under California civil procedure law, the plaintiff has a certain number of days to serve the summons on the defendant after the filing date. If, for the sake of argument, the plaintiff files the action on December 11, the clerk of courts is not going to say, "Sorry, your time ran out!" The clerk knows nothing about your case or its statute of limitations date. Instead, when you go before the judge, you will present your evidence for the affirmative defense of statute of limitations. The judge will listen to both sides, and then rule on your motion. If your evidence is believable, then your case will be dismissed. If not, then the case will proceed. Consult with a California lawyer who has civil litigation experience for a more detailed answer.
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Charles B.
Santa Clara, CA  |  April 11, 2012
Thank you. I guess I asked the question wrong. The collection agency gets a judgment against me in June 2012. But the SOL for the original debt takes effect on dec 30 2012. Can they continue to try to collect or can I notify them that the debt is now (Dec 2012) past the sol and ask then to stop trying to collect? Does the sol taking effect on Dec 2012 have any effect on past court judgments against me? (Could I go back to court and ask the judge to stop the collection agency from any further collection action because of the now sol?)
Bills.com
April 12, 2012
A statute of limitations for debt is a deadline for filing an action. By "filing an action" I mean filing a lawsuit. It has nothing to do with how long a judgment-creditor may attempt to collect the debt. Once a plaintiff files an action before the statute of limitations expiration date, that date has no further meaning.

The judgment itself, on the other hand, has its own lifetime. In California the life of a judgment is 10 years from the date of the order. Let us say for the sake of argument that your judgment-creditor's judgment was signed by the judge on June 15, 2011. The life of that judgment will end on June 15, 2021, unless the judgment-creditor renews the judgment, which it must do before June 15, 2021. This means the judgment-creditor has until June 15, 2021 to collect on the judgment.

As I mentioned, I made-up the June 15 date, and you will need to look at the judgment to learn its effective date.
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