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CA SB890

Bill

Status

Engrossed

1/31/2012

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Enacts the Fair Debt Buyers Practices Act, regulating debt buyers' activities and requiring them to possess specific documentation (debt balance, creditor name and address, debtor information, chain of ownership) before attempting to collect consumer debt.

  • Requires debt buyers to provide debtors with requested documentation within 15 days and prohibits collection efforts if documents cannot be provided; mandates specific notice be included with first written communication to debtors.

  • Prohibits debt buyers from suing on debts where the statute of limitations has expired and requires complaints to include detailed debt information, proof of ownership, and attached supporting documents authenticated through sworn declaration.

  • Requires settlement agreements between debt buyers and debtors be documented in writing, and establishes statutory damages of $100-$1,000 per violation plus actual damages and attorney's fees for violations.

  • Amends Code of Civil Procedure to require judgment creditors to provide debtors and employers with claim of exemption and financial statement forms during wage garnishment proceedings, and allows courts to dismiss debt buyer actions if plaintiff fails to appear or is unprepared for trial.

Legislative Description

Debt buyers.

Last Action

Set, first hearing. Failed passage in committee. Reconsideration granted.

7/2/2012

Committee Referrals

Judiciary3/31/2011
Rules2/18/2011

Full Bill Text

No bill text available