Personal service: 30 days. Substituted service (left with someone at your home or work): 40 days. Small claims cases require court appearance, not a written Answer.
Statute of limitations
4 years in California
California’s statute of limitations on debt is 4 years, codified at CCP § 337. The clock typically runs from: first missed payment due date (date of breach).
If the time-bar has run, the debt may not be legally collectible in court — but you generally have to raise the defense yourself. It is not raised automatically.
Your rights
What California law gives you
Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code §§ 1788-1788.33) gives you state-level protections beyond federal debt-collection law.
California's Fair Debt Buying Practices Act (Civil Code §§ 1788.50-1788.64, effective January 1, 2014) requires debt buyers to attach the original contract or account statement to their complaint and prove the complete chain of ownership. A demurrer under CCP § 430.10(e) is available when defects appear on the face of the complaint.
California gives defendants an offensive arbitration option: if you compel arbitration and the debt buyer (as drafting party) fails to pay JAMS/AAA fees within 30 days, they waive arbitration. You can then return to court via motion to lift the CCP § 1281.4 stay.
Cases in California are heard in California Superior Court.
The one thing most people miss
Key fact
California's Fair Debt Buying Practices Act requires debt buyers to attach a copy of the original contract or account statement to their complaint — and to prove the complete chain of ownership. If either is missing, the case can be challenged with a demurrer or affirmative defense.
Get started
Answered builds your defense documents — free
Upload your summons. We find the weaknesses, track your deadlines, and draft your court-ready Answer.