How do I determine if the statute of limitations has legally expired for a specific type of debt under California law?

To determine if the statute of limitations on a debt has expired, you must identify the type of agreement, find the date the clock started running, and check for any activity that may have restarted it. A statute of limitations is the deadline a creditor has to file a lawsuit to collect a debt. Here is how you can determine the status of your debt: Step 1: Identify the type of debt agreement. Locate your original contract or agreement. Debts based on written contracts (credit card agreements, personal loans, auto loans) have a four-year statute of limitations under California Code of Civil Procedure Section 337. Debts based on oral or unwritten agreements have a two-year limit under California Code of Civil Procedure Section 339. Step 2: Find the date the clock started. The statute of limitations clock typically starts running on the date you first breached the contract, which is usually the date of your first missed payment after which you never caught up. Review your payment history and account statements to pinpoint this specific date. Step 3: Check for actions that restart the clock. Under California Code of Civil Procedure Section 360, certain actions can restart the statute of limitations. Review all your communications and payment records since the initial default. A partial payment on the debt or a written acknowledgment or promise to pay the debt will reset the four-year or two-year clock, starting from the date of that new activity. Step 4: Calculate the time passed. Calculate the time between the start date (from Step 2) and today's date. If you took an action that restarted the clock (from Step 3), you must use that more recent date for your calculation. If the time that has passed is longer than the applicable limitation period (four years for written, two years for oral), the debt is likely "time-barred." Important Considerations: Even if a debt is time-barred, a creditor or debt collector can still contact you to try and collect the money; they just cannot win a lawsuit against you. Certain events, like a bankruptcy filing or if you moved out of state for a period, can pause ("toll") the statute of limitations clock. Warning: If a creditor sues you over a time-barred debt, the statute of limitations is an affirmative defense. You must show up to court and state in your official answer that the statute of limitations has expired. If you ignore the lawsuit, the creditor can get a default judgment against you. This is general information and does not constitute legal advice. For complex situations, or if you have been sued, you should consult with a qualified California attorney immediately.