California Laws|Section 1788.52.

                                                

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 information:

(1) That the debt buyer is the sole owner of the debt at issue or has authority to assert the rights of all owners of the debt.

(2) The debt balance at charge off and an explanation of the amount, nature, and reason for all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt. This paragraph shall not be deemed to require a specific itemization, but the explanation shall identify separately the
charge-off balance, the total of any post-charge-off interest, and the total of any post-charge-off fees.

(3) The date of default or the date of the last payment.

(4) The name and an address of the charge-off creditor at the time of charge off, and the charge-off creditor’s account number associated with the debt. The charge-off creditor’s name and address shall be in sufficient form so as to reasonably identify the charge-off creditor.

(5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. If the debt was sold prior to January 1, 2014, the name and last known address of the debtor as they appeared in the debt owner’s records on December 31,
2013, shall be sufficient.

(6) The names and addresses of all persons or entities that purchased the debt after charge off, including the debt buyer making the written statement. The names and addresses shall be in sufficient form so as to reasonably identify each such purchaser.

(7) The California license number of the debt buyer.

(b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor’s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the
account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this
requirement.

(c) A debt buyer shall provide the information or documents identified in subdivisions (a) and (b) to the debtor without charge within 15 calendar days of receipt of a debtor’s written request for information regarding the debt or proof of the debt. If the debt buyer cannot provide the information or documents within 15 calendar days, the debt buyer shall cease all collection of the debt until the debt buyer provides the debtor the information or documents described in subdivisions (a) and (b). Except as provided otherwise in this title, the request by the debtor shall be consistent with the validation requirements contained in Section 1692g of Title 15 of the United States Code. A debt buyer shall provide all debtors with whom it has contact an active postal address to which these requests can be sent. A debt buyer
may also provide an active email address to which these requests can be sent and through which information and documents can be delivered, if the parties agree.

(d) (1) A debt buyer shall include with its first written communication with the debtor in no smaller than 12-point type, a separate prominent notice that provides:


“You may request records showing the following: (1) that [insert name of debt buyer] has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as
it appeared in the charge-off creditor’s or debt buyer’s records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.

“A request for these records may be addressed to: [insert debt buyer’s active mailing address and email address, if applicable].”


(2) When collecting on a time-barred debt where the debt is not past the date for obsolescence provided for in Section 605(a) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681c):


“The law limits how long you can be sued on a debt. Because of the age of your
debt, we will not sue you for it. If you do not pay the debt, [insert name of debt buyer] may [continue to] report it to the credit reporting agencies as unpaid for as long as the law permits this reporting.”


(3) When collecting on a time-barred debt where the debt is past the date for obsolescence provided for in Section 605(a) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681c):


“The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it, and we will not report it to any credit reporting agency.”


(e) If a language other than English is principally used by the debt
buyer in the initial oral contact with the debtor, the notice required by subdivision (d) shall be provided to the debtor in that language within five working days.

(f) A debt buyer shall not collect, or make any attempt to collect consumer debt that originated with a hospital licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code without including in the first written communication to the debtor a copy of the notice required pursuant to subdivision (e) of Section 127425 of the Health and Safety Code.

(g) In the event of a conflict between the requirements of subdivision (d) and federal law, so that it is impracticable to comply with both, the requirements of federal law shall prevail.

(Amended by Stats. 2021, Ch. 473, Sec. 3. (AB 1020) Effective January 1, 2022.)

View Latest Rulings

(9) That the debt buyer has complied with Section 1788.52. (b) A copy of the contract or other document described in subdivision (b) of Section 1788.52, shall be attached to the complaint.

  • Name

    CACH LLC VS VIVAR

  • Case No.

    37-2018-00058288-CL-CL-NC

  • Hearing

    Jul 03, 2019

(9) That the debt buyer has complied with Section 1788.52. (b) A copy of the contract or other document described in subdivision (b) of Section 1788.52, shall be attached to the complaint.

  • Name

    BH FINANCIAL GROUP LLC VS SMITH

  • Case No.

    37-2019-00018627-CL-CL-NC

  • Hearing

    Jan 22, 2020

(9) That the debt buyer has complied with Section 1788.52. (b) A copy of the contract or other document described in subdivision (b) of Section 1788.52, shall be attached to the complaint.

  • Name

    CAVALRY SPV I LLC VS NAYLOR

  • Case No.

    37-2019-00009254-CL-CL-NC

  • Hearing

    Sep 25, 2019

  • County

    San Diego County, CA

  • Type

    Collections

  • Sub Type

    Collections

(9) That the debt buyer has complied with Section 1788.52. (b) A copy of the contract or other document described in subdivision (b) of Section 1788.52, shall be attached to the complaint.

  • Name

    CAVALRY SPV I, LLC VS FLORES

  • Case No.

    37-2018-00051080-CL-CL-NC

  • Hearing

    Jul 31, 2019

The names and addresses shall be in sufficient form so as to reasonably identify each such purchaser. (9) That the debt buyer has complied with Section 1788.52. (b) A copy of the contract or other document described in subdivision (b) of Section 1788.52, shall be attached to the complaint."

  • Name

    MIDLAND FUNDING LLC VS MARRUFO

  • Case No.

    37-2018-00043258-CL-CL-NC

  • Hearing

    May 15, 2019

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View Latest Dockets

35 Files
Filed

Jan 13, 2017

Status

Dismissal

Judge

Hon. Stephen M. Pulido Trellis Spinner 👉 Discover key insights by exploring more analytics for Stephen M. Pulido

Court

Superior Court of Alameda County

County

Alameda County, CA

Category

Civil Unlimited (Collections Case - Seller Pla...)

Practice Area

Creditor

Matter Type

Collections

Filed

Nov 19, 2015

Status

Default Judgment

Judge

Hon. Brian S. Currey Trellis Spinner 👉 Discover key insights by exploring more analytics for Brian S. Currey

Court

Compton Courthouse

County

Los Angeles County, CA

Category

Ins Coverage (not Complex) (General Jurisdiction)

Practice Area

Insurance

Matter Type

Insurance Coverage

32 Files
Filed

Aug 19, 2016

Status

Settlement

Judge

Hon. Teri L. Jackson Trellis Spinner 👉 Discover key insights by exploring more analytics for Teri L. Jackson

Court

San Francisco County

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

41 Files
Filed

Apr 08, 2016

Status

Dismissal

Judge

Hon. Eric R. Fleming Trellis Spinner 👉 Discover key insights by exploring more analytics for Eric R. Fleming

Court

Superior

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

48 Files
Filed

Aug 25, 2016

Status

Dismissal

Judge

Hon. Garrett L. Wong Trellis Spinner 👉 Discover key insights by exploring more analytics for Garrett L. Wong

Court

San Francisco County

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

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preview-icon 2 pages

oh wong ae . 7 FILED. ; ee , ALAMEDA GO| j NTY STEVEN D. CRIBB -- SBN: 206232 …

County

Alameda County, CA

Filed Date

Jun 23, 2017

Category

Civil Unlimited (Collections Case - Seller Pla...)

Judge Hon. Stephen M. Pulido Trellis Spinner 👉 Discover key insights by exploring more analytics for Stephen M. Pulido
preview-icon 2 pages

o o Mummmm STEVEN D. CRIBB -- SBN: 206232 ' - : ANDREJ. LeLIEVRE-SBN: 166974 , . ; F E B... E, D 700 Leisure Lane …

County

Alameda County, CA

Filed Date

Aug 11, 2017

Category

Civil Unlimited (Collections Case - Seller Pla...)

Judge Hon. Stephen M. Pulido Trellis Spinner 👉 Discover key insights by exploring more analytics for Stephen M. Pulido
preview-icon 2 pages

oN DH BR w we 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEVEN D. CRIBB -- SBN: 206232 ANDRE J. LeLIEVRE-SBN: 166974 700 Leisure Lane Sacramento, California 95815 ELECTRONICALLY Tel.: (916) 929-0130 FILED Fax: (916) 929-4890 Superior Court of California, County of San Francisco inti 04/21/2017 Attorneys for Plaintiff NCCS, Inc. 04 /: or £2 Court BY:KENNETH HUNT Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL Case No. CGC-16-5538…

County

San Francisco County, CA

Filed Date

Apr 21, 2017

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge Hon. Garrett L. Wong Trellis Spinner 👉 Discover key insights by exploring more analytics for Garrett L. Wong
preview-icon 2 pages

on nA wn ° 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONICALLY FILED STEVEN D. CRIBB -- SBN: 206232 Superior Court of California, ANDRE J. LeLIEVRE-SBN: 166974 onety Of San (rencisee 700 Leisure Lane 04/07 (2017 Sacramento, California 95815 Se AR Aeon Tel. (916) 929-0130 Depa ek Fax: (916) 929-4890 Attorneys for Plaintiff NCCS, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL NORTHERN CALIFORNIA COLLECTION Case No. CGC-16-553793 …

County

San Francisco County, CA

Filed Date

Apr 07, 2017

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge Hon. Teri L. Jackson Trellis Spinner 👉 Discover key insights by exploring more analytics for Teri L. Jackson
preview-icon 2 pages

oN nA STEVEN D. CRIBB -- SBN: 206232 ELECTRONICALLY ANDRE J. LeLIEVRE-SBN: 166974 700 Leisure Lane F I LED Sacramento, California 95815 Supertor Court of California, Tel.: (916) 929-0130 County of San Francisco Fax: (916) 929-4890 02/28/2017 Attorneys for Plaintiff NCCS, Inc. ee Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL NORTHERN CALIFORNIA COLLECTION Case No. CGC-15-551395 SERVICE, INC., Plaintiff, PLAINTIFF'S DECLARATION RE: CIVIL …

County

San Francisco County, CA

Filed Date

Feb 28, 2017

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge Hon. Eric R. Fleming Trellis Spinner 👉 Discover key insights by exploring more analytics for Eric R. Fleming
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