What is your current debt collection situation?
Receiving collection calls and letters
Been served with a lawsuit
Judgment already entered against me
Wage garnishment or bank levy in progress
How much is the total debt amount?
Under $5,000
$5,000 - $10,000
$10,000 - $25,000
Over $25,000
When was your last payment on this debt?
Over 4 years ago (may be time-barred)
2-4 years ago
Within the last 2 years
I'm not sure
Have debt collectors violated your rights?
Yes - harassment, threats, or calling at prohibited times
Yes - false statements, wrong amount, or wrong person
They refused to validate the debt when I requested
No - they've followed the rules
What is your current financial situation?
Only income is Social Security, disability, or exempt sources
Low income with minimal assets
Employed with some assets to protect
Have significant income or assets at risk
Do you believe you actually owe this debt?
No - wrong person, already paid, or identity theft
The amount is wrong or fees are inflated
Yes, but I can't afford to pay
Yes, and I'm looking for options
✅
You May Be Able to Handle This Yourself
Your situation may be manageable without a lawyer. You can send debt validation letters, assert statute of limitations defenses, and respond to lawsuits in small claims or limited civil court. Use our free tools below.
Create FDCPA Demand Letter
CA Court Self-Help
⚖
Legal Representation Recommended
Your situation has complexity that warrants legal help. Whether it's significant money at stake, collector violations that could mean compensation for you, or active collection efforts, a consumer debt lawyer can help - often on contingency.
Find Consumer Lawyer
FDCPA Violation Letter
⚠
Consider Legal Consultation
Your situation has some factors that might benefit from professional guidance. Many consumer debt attorneys work on contingency for FDCPA violations. It's worth getting an evaluation.
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Debt Collection Defense in California: Know Your Rights
California provides some of the strongest consumer protections against debt collectors in the nation. You're protected by both federal law (FDCPA) and California's Rosenthal Fair Debt Collection Practices Act, which extends to original creditors - not just third-party collectors.
You Have Power: Debt collectors violating your rights can owe YOU money. Statutory damages under FDCPA are $100-$1,000 per case plus actual damages and attorney's fees. California's Rosenthal Act has similar penalties.
California Statute of Limitations on Debt
| Debt Type |
Time Limit |
California Code |
| Written contracts (credit cards) |
4 years |
CCP 337 |
| Oral agreements |
2 years |
CCP 339 |
| Promissory notes |
4 years |
CCP 337 |
| Judgments |
10 years (renewable) |
CCP 683.020 |
What Debt Collectors CANNOT Do
- Call before 8am or after 9pm
- Call you at work if you've told them not to
- Contact you after you've sent a cease communication letter
- Discuss your debt with family, friends, or employers
- Threaten violence, arrest, or illegal actions
- Use obscene or profane language
- Make false statements about amount owed
- Collect amounts not authorized by the original agreement
- Sue or threaten to sue on time-barred debt
- Fail to validate debt when properly requested
Warning: Never ignore a lawsuit. Even if the debt is time-barred or you have defenses, you must file an Answer with the court or a default judgment will be entered against you. Default judgments are very hard to overturn.
Are You "Judgment Proof"?
If your only income comes from protected sources, creditors may not be able to collect even if they win a judgment:
- Social Security benefits (100% protected)
- SSI/SSDI disability benefits
- Unemployment compensation
- Public assistance/welfare
- Most retirement accounts (401k, IRA)
- 75% of wages are protected from garnishment
- $300,000+ in home equity (homestead exemption)
Self-Help vs. Lawyer Comparison
| Situation |
Handle Yourself |
Hire Lawyer |
| Small debt under $5,000 |
Often manageable |
If FDCPA violations |
| Time-barred debt |
Send validation letter |
If they sue anyway |
| Collector harassment |
Document everything |
Free - contingency |
| Lawsuit filed |
Small claims only |
Higher courts |
| Wage garnishment |
High risk |
Strongly advised |
| Wrong person/debt |
Send dispute letter |
If they persist |
California Exemptions from Collection
| Asset/Income |
Protection Level |
| Primary residence equity |
$300,000-$600,000 (varies) |
| Wages |
75% protected (or 40x min wage) |
| Retirement accounts |
100% protected |
| Social Security |
100% protected |
| Vehicle equity |
$3,325 (more if disabled) |
| Household goods |
$9,525 total |
Steps to Defend Against Debt Collection
- Request Debt Validation: Within 30 days of first contact, request written validation
- Check Statute of Limitations: Calculate from date of last payment
- Document Everything: Keep records of all calls, letters, and violations
- Respond to Lawsuits: File an Answer within 30 days of being served
- Assert Defenses: Time-barred, wrong amount, wrong person, lack of documentation
- Counterclaim: If they violated FDCPA/Rosenthal Act, you may have claims
Helpful Resources
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