Sued by a debt buyer in California: what to do

Checked against official sources: Oct 25, 2026

In California:

File your answer
30 days after you are served with the summons and complaint. Official answer form: Answer—Contract (form PLD-C-010)
Time limit for suing on the debt
4 years for a written contract, an account stated or an open book account.
Do this now
Check that the case is real: look it up on the court's website or call the clerk at a number from the court's official site, not from the papers.

Make this letter for California →

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for California

Do now

  1. Find your state's deadline to answer, and mark it on a calendar.

    File your answer

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

    Why: If you don't answer on time, the court can enter a default judgment against you.

  2. Check that the case is real: look it up on the court's website or call the clerk at a number from the court's official site, not from the papers.

    Why: Fake lawsuit threats are a common scam; a real case is on file with the court.

  3. Read the complaint for the original creditor, the last digits of the account, the date the debt was sold and the amount, and compare them with your own records.

    Why: These details show whether the debt is yours, whether the amount is right and how the plaintiff says it got the account.

  4. If the deadline has passed or a judgment was entered, call the clerk today and see the default judgment plan.

    Why: There is a short time limit to ask the court to set aside a default judgment.

  5. If you don't recognize the account, get your free credit reports at AnnualCreditReport.com, and if the account isn't yours, report identity theft at IdentityTheft.gov.

    Why: An identity theft report helps you show the court and the credit bureaus that the debt isn't yours.

This week

  1. File a written answer by the deadline. Deny what you can't confirm and list every defense that fits: not my debt, wrong amount, already paid, the plaintiff can't prove it owns the debt, or the time limit to sue has passed.

    Why: Defenses you don't raise can be lost. Answering makes the plaintiff prove its claim.

  2. Ask the plaintiff's lawyer in writing for the documents: the original contract or account terms, the statements, and the bill of sale or assignment showing the account was sold to the plaintiff.

    Why: A debt buyer has to prove it owns your account and how much is owed. Many states set extra proof rules for debt buyers (below).

  3. Compare the date of your last payment with your state's time limit to sue.

    California: 4 years for a written contract, an account stated or an open book account.

    Why: A debt collector must not sue on a time-barred debt, but the court considers the time limit only if you raise it.

  4. If the debt isn't yours, say so in your answer and keep a copy of your identity theft report to show the court.

    Why: The plaintiff must prove the account belongs to you.

  5. If you can't afford the filing fee for the answer, ask the clerk for a fee waiver form.

    Why: Courts can waive fees for people with low income.

If it's not resolved

  1. Go to every hearing and bring your documents. If the plaintiff hasn't shown proof that it owns the debt, you can point that out to the judge.

    Why: When you respond, the plaintiff has to prove to the court that the debt is valid.

  2. If you owe the debt, you can try to settle; see the settlement plan. Get any agreement in writing before you pay.

    Why: A written agreement protects you if the debt buyer later says you didn't pay.

  3. If the debt buyer sued on a debt too old to sue on, or in a court far from where you live or signed the contract, you can complain to the CFPB and your state attorney general and ask a consumer lawyer about the federal debt collection law.

    Why: A debt collector must sue where you signed the contract or where you live, and must not sue on a time-barred debt. You can sue a collector that broke this law within 1 year.

Deadlines

File your answer

General rule: see state; the summons gives the date

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.

Official answer form: Answer—Contract (form PLD-C-010)

Law: Cal. Code Civ. Proc. §§ 412.20(a)(3), 415.20; Gov. Code §§ 70612, 70614 · checked Oct 2026 · Official source · From Debt Suit Map: California

Time limit for suing on the debt

General rule: see state

In California:

4 years for a written contract, an account stated or an open book account.

Law: Cal. Code Civ. Proc. § 337 · checked Oct 2026 · Official source

What a debt buyer must show in court

General rule: see state; not every state has special rules for debt buyers

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 (Cal. Civ. Code § 1788.58). No default or other judgment can be entered unless the debt buyer gives the court sworn business records proving these facts and the contract (Cal. Civ. Code § 1788.60). A debt buyer may not sue on a debt once the statute of limitations has run (Cal. Civ. Code § 1788.56).

Law: Cal. Civ. Code § 1788.58; Cal. Civ. Code § 1788.60; Cal. Civ. Code § 1788.56 · checked Oct 2026 · From Debt Suit Map: California

Key facts for California

Debt Suit Map

Time to answer a debt lawsuit
30 days
Shortest time to ask to cancel a default judgment
6 months
Official answer form
Yes, the court has one
How long a judgment lasts
10 years

Debt Suit Map: California · checked Oct 2026

Debt Collector Map

Time limit to sue on a debt
4 years
Wage garnishment limit
Up to 20%
State license for collectors
Yes

Debt Collector Map: California · checked Oct 2026

Documents to gather

  • Summons and complaint (all pages)
  • Any letters from the debt buyer or collectors, including the validation notice
  • Old statements from the original creditor, if you have them
  • Your payment records and receipts
  • Your credit reports
  • An identity theft report, if the debt isn't yours
  • A copy of your filed answer, with the court's stamp

Where to go

Costs

Filing an answer may require a fee in some courts; ask for a fee waiver if you can't pay. If you lose, the judgment can include court costs, interest and attorney's fees if your contract or state law allows them.

Talk to a lawyer if

  • You don't recognize the debt or think it's identity theft
  • The debt may be too old to sue on
  • The deadline has passed or a default judgment was entered
  • The case is in regular civil court, not small claims
  • Your wages or bank account are already being taken

Free help

Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, default judgments, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some courts have free volunteer-lawyer programs or self-help centers for debt cases; ask the clerk.

Guides for your state

Guides for every state

Questions

File your answer in California: what is the rule?

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

What is the time limit for suing on the debt in California?

4 years for a written contract, an account stated or an open book account. (Cal. Code Civ. Proc. § 337)

What a debt buyer must show in court in California: what is the rule?

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 (Cal. Civ. Code § 1788.58). No default or other judgment can be entered unless the debt buyer gives the court sworn business records proving these facts and the contract (Cal. Civ. Code § 1788.60). A debt buyer may not sue on a debt once the statute of limitations has run (Cal. Civ. Code § 1788.56). (Cal. Civ. Code § 1788.58; Cal. Civ. Code § 1788.60; Cal. Civ. Code § 1788.56)

When should I talk to a lawyer?

You don't recognize the debt or think it's identity theft; The debt may be too old to sue on; The deadline has passed or a default judgment was entered; The case is in regular civil court, not small claims; Your wages or bank account are already being taken.

How much does it cost?

Filing an answer may require a fee in some courts; ask for a fee waiver if you can't pay. If you lose, the judgment can include court costs, interest and attorney's fees if your contract or state law allows them.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.