Old Debts And Time Limits
Code Civ. Proc. 337 — four years on a written contract, two on an oral one
In California, a civil action can be commenced only within the periods the Code of Civil Procedure prescribes after the cause of action accrues, unless a statute sets a different limit for a special case.
| The kind of claim | The period |
|---|---|
| The kind of claimA contract, obligation or liability founded on a written instrument | The periodFour years |
| The kind of claimA book account, an account stated, or an open account | The periodFour years |
| The kind of claimA liability created by statute, other than a penalty | The periodThree years |
| The kind of claimFraud or mistake, from discovery of the facts | The periodThree years |
| The kind of claimTaking, keeping or damaging personal property | The periodThree years |
| The kind of claimA contract not founded on a written instrument | The periodTwo years |
| The kind of claimAssault, battery, or injury or death caused by another's wrongful act or neglect | The periodTwo years |
The periods run from when the cause of action accrued, which the sections set for some claims, such as fraud from its discovery. What starts a period over, and what pauses it, is not set out here.
Sources for this section (5)
- Code Civ. Proc. 337 — Four years for a written contract
- Code Civ. Proc. 339 — Two years for a contract not in writing
- Code Civ. Proc. 312 — Actions commenced within the periods prescribed
- Code Civ. Proc. 338 — Three years for a liability created by statute, trespass, and fraud
- Code Civ. Proc. 335.1 — Two years for injury caused by another's wrongful act
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.