§ 1788.60. — 1788.60. (Added by Stats. 2013, Ch. 64, Sec. 2.)

California § 1788.60.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.6C.5.
• Part 4.: TITLE 1.6C.5. Fair Debt Buying Practices

Text

(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 declaration, are submitted by the debt buyer to the court to establish the facts required to be alleged by paragraphs (3) to (8), inclusive, of subdivision (a) of Section 1788.58.
(b)
No default or other judgment may be entered against a
debtor unless a copy of the contract or other document described in subdivision (b) of Section 1788.52, authenticated through a sworn declaration, has been submitted by the debt buyer to the court.
(c)
In any action on a consumer debt, if a debt buyer plaintiff seeks a default judgment and has not complied with the requirements of this title, the court shall not enter a default judgment for the plaintiff and may, in its discretion, dismiss the action.
(d)
Except as provided in this title, this section is not intended to modify or otherwise amend the procedures established in Section 585 of the Code of Civil Procedure.

Legislative History

Added by Stats. 2013, Ch. 64, Sec. 2. (SB 233) Effective January 1, 2014.