2 Cited authorities

  1. Section 1788.58 - Complaint in action brought by debt buyer

    Cal. Civ. Code § 1788.58   Cited 4 times   1 Legal Analyses

    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 nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement. (3) 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. (4) The debt balance at charge off and an explanation of the amount, nature, and

  2. Section 1788.60 - Default or other judgment against debtor

    Cal. Civ. Code § 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 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