California: debt buyers must show their records on request
Cal. Civ. Code § 1788.52
In plain words
In California a debt buyer cannot send you collection letters unless it has proof of ownership, the charge-off balance and fees, the default or last-payment date, the original creditor and account number, every later buyer, and a copy of the agreement or a statement. If you ask in writing, it must send these free within 15 days or stop collecting. It cannot sue once the statute of limitations has run.
Who is protected
California consumers contacted by a debt buyer about a consumer debt.
When it applies
- Only in California.
- Only if a debt collector is involved.
What you can do
Ask the debt buyer for the documents your state requires
The Credit Health tool drafts a request that cites your state's law. If you are sued, raise the missing documents in your answer — and contact legal aid.
Open the tool
Honest limits
- These rules test the debt buyer's paperwork; they do not erase a debt you owe.
The law
- State lawFair Debt Buying Practices Act — documentation
Cal. Civ. Code § 1788.52
What it says: Information and documents a debt buyer must have before collecting, and must send within 15 days of a written request.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1788.52 - State lawFair Debt Buying Practices Act — no time-barred suits
Cal. Civ. Code § 1788.56
What it says: No suit or arbitration after the statute of limitations expires.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1788.56 - State lawFair Debt Buying Practices Act — complaint contents
Cal. Civ. Code § 1788.58
What it says: What a debt buyer's complaint must allege.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1788.58
Court cases
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
A written dispute stops collection until the collector verifies
15 U.S.C. § 1692g(b)
If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting the disputed amount until it mails you verification of the debt or a copy of a judgment. The same applies if you ask in writing for the original creditor's name and address. Federal law sets a low bar for "verification": courts differ, and it does not require the original signed contract.
Read this rightCalifornia: time limit to sue on a consumer debt
Cal. Code Civ. Proc. §§ 337, 339, 360
In California, a creditor generally has 4 years to sue on a written contract or an open book account, and 2 years on an oral contract. A payment does not by itself revive a claim that has already expired (Code Civ. Proc. § 360), and debt buyers may not sue on expired debts (Civ. Code § 1788.56). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this right