§ 1788.185. — 1788.185. (Added by Stats. 2021, Ch. 473, Sec. 2.)

California § 1788.185.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.6C.
• Part 4.: TITLE 1.6C. FAIR DEBT COLLECTION PRACTICES
• Art. 2.: ARTICLE 2. Debt Collector Responsibilities

Text

(a)
The complaint in an action brought by a debt collector for debt that originated with a general acute care hospital licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code shall allege all of the following:
(1)
That the plaintiff is a debt collector.
(2)
That the underlying debt originated with a general acute care hospital.
(3)
The information contained in paragraph (6) of subdivision (e) of Section 127425 of the Health and Safety Code and a statement identifying the language in which that information was sent
to the debtor.
(4)
The balance of the debt upon assignment to the debt collector and an explanation of the amount, nature, and reason for any interest and fees that are added to the debt balance by the debt collector after the assignment of the debt. This paragraph shall not be deemed to require a specific itemization, but the explanation shall identify separately the charge-off balance of the debt upon assignment to the debt collector, the total of any interest, and the total of any fees added to the debt balance by the debt collector after the assignment of the debt.
(5)
The date of default or the date of the last payment, and the date the debt was assigned.
(6)
The name and address of the hospital at the time of assignment.
(7)
The hospital’s account number associated with the debt.
(b)
Copies of the application for financial assistance that was provided to the debtor by the hospital and the notice that was provided to the debtor by the hospital about applying for financial assistance shall be attached to the complaint. If the notice was provided as part of the hospital bill that cannot be separated, the bill shall be redacted to remove confidential information or a sample hospital bill with the substance of the notice regarding financial assistance in the format in use at the time the patient was billed may be provided.
(c)
This title does not require the disclosure in public records of personal, financial, or medical information, the
confidentiality of which is protected by state or federal law. The plaintiff shall
redact protected information filed with the complaint.
(d)
A default or other judgment shall not be entered against a debtor for debt pursuant to this section unless business records, authenticated through a sworn declaration, are submitted by the debt collector to the court to establish the facts required to be alleged pursuant to subdivision (a).
(e)
If a debt collector plaintiff seeks a default judgment and has not complied with this title, the court shall not enter a default judgment for the plaintiff and may, in its discretion, dismiss the action.
(f)
Except as provided in this title, this section does not modify or otherwise amend the procedures established in Section 585 of the Code of Civil
Procedure.

Legislative History

Added by Stats. 2021, Ch. 473, Sec. 2. (AB 1020) Effective January 1, 2022.