TITLE 1.6C.5. Fair Debt Buying Practices [1788.50. - 1788.66.]

Title 1.6C.5 added by Stats. 2013, Ch. 64, Sec. 2.

§§ 1788.50–1788.66 · 10 sections

• § 1788.50 (a) As used in this title: (1) “Debt buyer” means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for…
• § 1788.52 (a) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses the following…
• § 1788.54 (a) All settlement agreements between a debt buyer and a debtor shall be documented in open court or otherwise reduced to writing. The debt buyer shall ensure…
• § 1788.56 A debt buyer shall not bring suit or initiate an arbitration or other legal proceeding to collect a consumer debt if the applicable statute of limitations on…
• § 1788.58 In an action brought by a debt buyer on a consumer debt: (a) The complaint shall allege all of the following: (1) That the plaintiff is a debt buyer. (2) The…
• § 1788.60 (a) In an action initiated by a debt buyer, no default or other judgment may be entered against a debtor unless business records, authenticated through a sworn…
• § 1788.61 (a) (1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend…
• § 1788.62 (a) In the case of an action brought by an individual or individuals, a debt buyer that violates any provision of this title with respect to any person shall…
• § 1788.64 Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
• § 1788.66 Notwithstanding any other law, a person shall not sell or assign any unpaid COVID-19 rental debt, as defined in Section 1179.02 of the Code of Civil Procedure,…