Sued by a debt buyer in California

The extra rules for debt buyer suits, and how to use them in your answer.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. 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.

Time limit to sue (written contract)
4 years
Time to answer
30 days

What a debt buyer must show in California

  • 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.
  • A copy of the contract or other document showing the debt must be attached.
  • No default or other judgment can be entered unless the debt buyer gives the court sworn business records proving these facts and the contract.
  • A debt buyer may not sue on a debt once the statute of limitations has run.

Law: Cal. Civ. Code § 1788.58; Cal. Civ. Code § 1788.60; Cal. Civ. Code § 1788.56

Defenses you can raise in California

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

Old debts in California

A written-contract debt in California must be sued on within 4 years. Raise an older debt as a defense in your answer.

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)

More on old debts at Debt Collector Map

In nearby states

Steps against a debt buyer suit in California

  1. Look at the name

    A company you never dealt with may have bought the debt. Its name is on the summons.

  2. Make them prove it

    Send a documents request letter to the plaintiff's lawyer.

  3. Don't miss the deadline

    In California: 30 days after you are served with the summons and complaint.

  4. Raise every defense

    Point out any missing proof of ownership or amount.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Where to get free help in California

Questions about debt buyer suits in California

Are there special rules when a debt buyer sues in California?

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. A copy of the contract or other document showing the debt must be attached. No default or other judgment can be entered unless the debt buyer gives the court sworn business records proving these facts and the contract. A debt buyer may not sue on a debt once the statute of limitations has run.

How long do I have to answer a debt lawsuit in California?

30 days after you are served with the summons and complaint. If the papers were left with someone else and mailed to you, service is complete 10 days after the mailing, and the 30 days start then.

Can a debt buyer sue on an old debt in California?

A written-contract debt in California must be sued on within 4 years. Raise an older debt as a defense in your answer.

Keep reading about California

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources