Sued in California? You may have only 30 days to answer

Which court hears debt cases in California

How to answer in California

How to answer

Fill out an Answer, have another adult (not you) mail a copy to the plaintiff's lawyer and sign a Proof of Service (form POS-030), then file the Answer and Proof of Service with the clerk at the courthouse listed on the complaint. You can file in person or by mail, and some courts accept e-filing.

Official answer form

Answer—Contract (form PLD-C-010)

Fee to answer

You pay a first-paper filing fee when you file your Answer. The court's self-help guide puts it at about $225 to $450. The state base fee is $205 if the amount claimed is $10,000 or less, $330 for other limited civil cases, and $355 for unlimited cases; some courts add local fees.

If you can't pay the fees

Request to Waive Court Fees (form FW-001). You qualify automatically if you get certain public benefits, or if your income is below a set amount. https://www.courts.ca.gov/documents/fw001.pdf

How you must be served

The summons and complaint must be handed to you in person, or, if that fails after reasonable effort, left at your home, work or mailing address with an adult who is told what they are, and then mailed to you (substituted service). Substituted service is complete 10 days after the mailing. From January 1, 2027, "reasonable effort" means at least three tries to hand you the papers, on three different days at three different times. In a consumer debt case, at least one try must be at your home if your home address is known or can be found with reasonable effort.

Law: Cal. Code Civ. Proc. §§ 415.10, 415.20 (as amended by AB 747 (2025), operative Jan. 1, 2027)

Law: Cal. Code Civ. Proc. §§ 412.20(a)(3), 415.20; Gov. Code §§ 70612, 70614

Defenses to know in California

Defenses in California law

The court's self-help guide lists defenses used in debt cases, such as the statute of limitations, being sued for more than you owe, and that the plaintiff does not own the debt. A debt buyer that cannot meet the pleading and proof rules of Cal. Civ. Code §§ 1788.58 and 1788.60 cannot get a judgment. You must list your defenses in your Answer.

Law: 4 years on a written contract, Cal. Code Civ. Proc. § 337

Debt buyer lawsuits

If a debt buyer sues you on a consumer debt, the complaint must say it is a debt buyer and list the charge-off balance, post-charge-off interest and fees, the date of default or last payment, the original (charge-off) creditor's name, address and account number, and the name and address of every company that bought the debt. Debt buyer lawsuits in California: the full rules

Time limit to sue (written contract)

4 years · More on old debts at Debt Collector Map

If there is a judgment in California

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

10% a year in general. For judgments entered (or renewed) on or after January 1, 2023, the rate is 5% a year on a personal (consumer) debt judgment under $50,000, such as a credit card or car loan debt, and on a medical debt judgment under $200,000.

How long it lasts

10 years from entry. The creditor can renew it for another 10 years by filing before it runs out. A personal debt judgment under $50,000 or a medical debt judgment under $200,000 can be renewed only once, and only for 5 years.

Law: Cal. Code Civ. Proc. §§ 685.010, 683.020, 683.110, 683.120, 683.130

Good to know in California

• Debt buyers and collection agencies that were assigned a debt cannot sue you in small claims court (Cal. Code Civ. Proc. § 116.420).
• Since 2023, interest on most consumer debt judgments under $50,000 is 5% a year, not 10% (Cal. Code Civ. Proc. § 685.010(a)(2)).
• In a limited civil case ($35,000 or less), you can ask the court to let you pay the judgment in installments (California Courts self-help).

Changes in 2024–2026

SB 71 (2023) raised the limited civil case limit to $35,000 and the small claims limit for people to $12,500 from January 1, 2024. AB 2837 (2024) made the automatic bank-account exemption apply per debtor, not per account, from January 1, 2025. AB 774 (2025), effective January 1, 2026: a mailed claim of exemption with a tracking number counts as filed on the postmark date, and in a personal debt case a claim can be filed after the 20-day deadline. AB 747 (2025) rewrites the service and default rules from January 1, 2027: substituted service needs three tries on different days and times, and in consumer debt cases at least one at your home; a default judgment void for lack of proper service can be challenged at any time.

Law: Code Civ. Proc. §§ 85, 116.221; CCP § 704.220; CCP § 703.520; CCP § 415.20(b); CCP § 473(e)

Federal rules in every state

• Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
• Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
• Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
• Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
• Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in California

More help on our sister sites

• California debt collector rules and the statute of limitations (Debt Collector Map)
• California small claims court (Small Claims Map)

Sources

Other states