California Statute of Limitations, Collection Law, Payday Loans & Bankruptcy Limits
May 07, 2012
Each state legislature wrote its own set of laws protecting state residents. This page contains seven tables that condense important consumer-related laws for California residents. Because seeing all seven tables is a bit overwhelming, we hid them until you click on links to reveal them. Click on the appropriate link to see the information you wish to see. To learn more, we include links to state and Bills.com resources you can trust.
Account levy, liens against property, and wage garnishment are allowed in California. Learn the collections rules for California debts, and related laws. View or hide California Collection Laws tables
California Collection Law
|
Collection Law |
Garnishment |
Account Levy |
Exemptions (debt) |
Homestead law |
Homestead exemption |
Doctrine of Necessaries |
Probate rule |
|
California rule |
Up to 25% of earnings |
Allowed |
Vehicle: $2,300
Household: "Ordinary & reasonable"
Home improvement materials: $2,425
Jewelry & art: $6,075
Health aids: "reasonably necessary"
Tools of trade: $6,075
Commercial motor vehicle: $4,850 |
Principal dwelling including condo, mobilehome, or boat |
$75,000 if alone
$100,000 with family member
$175,000 if debtor or family member is
• age 65
• disabled
• age 55 & low income |
Yes |
Estates > $150,000 must be probated |
|
California statute |
CCP Section 703.010-703.150, 704.070, 706.010-706.011, 706.020-706.034 |
CCP Section 704.010-704.210 |
CCP Section 703.010-703.150 and 704.010-704.210 |
CCP Section 704.910-704.995 |
CCP Section 704.710-704.850 |
Family Code Section 914 |
Calif. Probate Code |
|
Bills.com resource |
California Collection Laws |
A statute of limitations provides an affirmative defense should a creditor file a lawsuit against debtor for a consumer debt. View or hide California Statute of Limitations Laws table
California Statute of Limitations
|
Statute of Limitation |
Credit Card |
Written contract |
Spoken contract |
Judgment |
|
California rule |
2 or 4 |
4 |
2 |
10 |
|
California statute |
CCP Section 335-349.4 |
|
Bills.com resource |
California Statute of Limitations |
Learn the bankruptcy exemption amounts for California residents. View or hide California Bankruptcy Laws table
California Bankruptcy
|
Bankruptcy |
Means Test Standards |
|
California rule |
Food, Clothing & Other Items1 |
$534 |
|
Health care1 |
<age 65: $60, >65 $144 |
|
Housing non-mortgage2 |
$358-$479 |
|
Housing rent or mortgage |
$805-$2,458 |
|
Transport private2 |
$236-306 |
|
Transport public3 |
$182 |
|
Vehicle ownership costs |
$496 |
|
Statute |
Census Bureau, IRS Data and Administrative Expenses Multipliers
1 National standard one person
2 California standard varies by county
3 Regional standard |
|
Bills.com resource |
Bankruptcy Information |
Plan 1 CCP 703 Exemptions
Plan 1 CCP 703 Exemptions
|
Plan 1 Exemptions |
Individual |
Joint |
Calif. Code of Civil Procedure |
|
Alimony, Support, Or Separate Maint. |
Unlimited |
703.140(b)(10)(D) |
|
Any Property Selected By Debtor |
$1,175 |
$1,175 |
703.140(b)(5), 703.150 |
|
Crime Victims Reparation Benefits |
Unlimited |
703.140(b)(11)(A) |
|
Disability, Illness, Or Unempl. Benefits |
Unlimited |
703.140(b)(10)(C) |
|
Health Aids |
Unlimited |
703.140(b)(9) |
|
Homestead, Cemetery Plot |
$22,075 |
$22,075 |
703.140(b)(1), 703.150 |
|
Household Furn. ($525 max. value for any particular item) |
Unlimited |
703.140(b)(3), 703.150 |
|
Jewelry |
$1,425 |
$1,425 |
703.140(b)(4), 703.150 |
|
Life Ins. - Unmatured, Accrued Div Interest or Loan Value |
$11,800 |
$11,800 |
703.140(b)(8), 703.150 |
|
Life Ins. Contracts - Unmatured |
Unlimited |
703.140(b)(7) |
|
Motor Vehicle |
$3,525 |
$3,525 |
703.140(b)(2), 703.150 |
|
Pmts. - Life Ins. Contract |
Unlimited |
703.140(b)(11)(C) |
|
Pmts. - Loss Of Future Earnings |
Unlimited |
703.140(b)(11)(E) |
|
Pmts. - Personal Bodily Injury |
$22,075 |
22,075 |
703.140(b)(11)(D) |
|
Pmts. - Stock, Bonus, Pension Or Annuity Plans |
Unlimited |
703.140(b)(10)(E) |
|
Pmts. - Wrongful Death |
Unlimited |
703.140(b)(11)(B) |
|
Public Assistance |
Unlimited |
703.140(b)(10)(A) |
|
Tools Of Trade - Books, Equip. Etc. |
$2,200 |
$2,200 |
703.140(b)(6), 703.150 |
|
Veteran's Benefits |
Unlimited |
703.140(b)(10)(B) |
Plan 2 CCP 704 Exemptions
Plan 2 CCP 704 Exemptions
|
Plan 2 Exemptions |
Individual |
Joint |
California Code |
|
Alameda/Contra Costa County Trans. Dist. Empl.'s Retir. Ben. |
Unlimited |
Util. Code § 25337 |
|
Bond Posted By Employee |
Unlimited |
Labor Code §404 |
|
Burial Plots |
Unlimited |
704.200 |
|
Commercial Motor Vehicle |
$4,850 |
$9,700 |
704.060(d), 703.150 |
|
Earnings Paid |
Unlimited |
704.070, 703.150 |
|
Escrow And Trust Funds |
Unlimited |
Fin. Code § 17410 |
|
Escrow Funds; Trust Funds |
Unlimited |
Fin. Code § 50202 |
|
Exemption And Use Of Proceeds From Sales Of Unused Lands |
Unlimited |
Health & Safe. Code § 7925 |
|
Health Aids |
Unlimited |
704.050 |
|
Homestead - $100,000 (debtor member of family unit) |
$100,000 |
$100,000 |
704.730(a)(2) |
|
Homestead - $75,000 |
$75,000 |
$75,000 |
704.730(a)(1) |
|
Homestead (debtor over 65) |
$175,000 |
$175,000 |
704.730(a)(3) |
|
Household Furnishings |
Unlimited |
704.020 |
|
Insur. Benefits - Health, Disability |
Unlimited |
704.130 |
|
Insurance - Fidelity Bonds |
Unlimited |
Labor 404 |
|
Jewelry, Heirlooms & Works of Art |
$7,175 |
$7,175 |
704.040, 703.150 |
|
License To Engage In Business |
Unlimited |
695.060 |
|
Life Insurance - Proceeds Of Matured |
Unlimited |
704.100(c) |
|
Life Insurance - Unmatured |
$11,475 |
$11,475 |
704.100(b), 703.150 |
|
Life Insurance Policies - Unmatured |
Unlimited |
704.100(a) |
|
Motor Vehicle - Equity & Insurance |
$2,725 |
$2,725 |
704.010, 703.150 |
|
Municipal Utility District Officers/Employees |
Unlimited |
Util. Code § 12337 |
|
Partnership Interest (To The Extent Allowed By Ex. Laws) |
Unlimited |
Corp. Code §16504 |
|
Partnership Property |
Unlimited |
Corp. Code § 16504 |
|
Personal Injury & Wrongful Death Claims |
Unlimited |
704.140(a), 704.150(a) |
|
Proceeds From Pers. Injury Or Death |
Unlimited |
704.140(d), 704.150(c) |
|
Property Not Subject To Money Judgment |
Unlimited |
704.210; 695.030 |
|
Public Benefits Deposit Account |
Unlimited |
704.080 |
|
Public Employees' Retirement Benefits |
Unlimited |
Gov't Code §21255 |
|
Public Entity Retirement, Death, Disability Benefits |
Unlimited |
704.110(b), Gov. Code § 21201 |
|
Relocation/Dwelling Displacement Payment |
Unlimited |
704.180 |
|
Residential Building Materials |
$2,700 |
$2,700 |
704.030, 703.150 |
|
Retirement Benefits - County Employees |
Unlimited |
Gov. Code § 31452 |
|
Retirement Benefits - County Firefighter |
Unlimited |
Gov. Code § 32210 |
|
Retirement Benefits - County Peace Officer |
Unlimited |
Gov. Code § 31913 |
|
Retirement Benefits - Private |
Unlimited |
704.115(a)(1), (2) |
|
Retirement Benefits - Self Employed |
Unlimited |
704.115(a)(3) |
|
Retirement Benefits Received - Public |
Unlimited |
704.110(d) |
|
San Francisco BART District |
Unlimited |
Cal. Pub. Util. Code § 28896 |
|
San Joaquin Regional Trans. District |
Unlimited |
Cal. Pub. Util. Code § 50146 |
|
Santa Barbara Metro. Trans. District |
Unlimited |
Cal. Pub. Util. Code § 95836 |
|
Santa Cruz Metro. Trans. District |
Unlimited |
Cal. Pub. Util. Code § 98196 |
|
Students Financial Aid |
Unlimited |
704.190 |
|
Tools Of Trade - Books, Equipment etc. |
$7,175 |
$14,350 |
704.060, 703.150 |
|
Trust Fund Accounts - Prisoners |
$1,425 |
$1,425 |
704.090 |
|
Unemployment Compensation Benefits |
Unlimited |
704.120 |
|
Union Benefits (Labor Dispute) |
Unlimited |
704.120(5) |
|
Vacation Credits - Public Employees |
Unlimited |
704.113 |
|
Welfare & Fraternal Society Benefits |
Unlimited |
704.170 |
|
Workmen's Compensation Benefits |
Unlimited |
704.160 |
California offers a limited anti-deficiency law for California residents who fall into foreclosure. Also, learn the maximum amount of an FHA loan in California. View or hide California Mortgage Laws table
California allows a consumer to borrow up one $300 payday loan at a time. View or hide California Payday Laws table
What is the maximum interest rate a consumer can be charged in California? What is California' Lemon Law? Where can a California resident find no-cost legal services? View or hide California Consumer Laws table
Learn the California population, sales tax rate, average income, and more. View or hide California Facts table
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