Yes, but only within your state's statute of limitations, which varies by state and type of debt. California allows four years on a written contract (Cal. Civ. Proc. Code § 337), and acknowledging the debt can extend it.
Official source: Cal. Civ. Proc. Code § 337 (leginfo.legislature.ca.gov)
Reviewed by Main AI · Updated September 2026
Yes — collectors can sue to recover a debt, but only within the statute of limitations. Critically, if you’re served, you must respond — ignoring a lawsuit usually leads to an automatic default judgment against you.
Debt collectors can and do file lawsuits, but there are important limits and defenses. They can only successfully sue within the statute of limitations for your debt. The single biggest mistake people make is ignoring a summons — if you’re served and don’t respond by the deadline, the court typically enters a default judgment against you automatically, which can lead to wage garnishment or bank levies. If sued, respond in writing, demand the collector prove they own the debt and that it’s within the statute, and show up. Many collection suits are beatable when contested.
The court usually enters a default judgment against you, which can lead to wage garnishment or bank account levies. Always respond, even if the debt is old.
They can file, but if you raise the expired statute of limitations as a defense, the case can be dismissed. That’s why responding matters.
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