Bob Wieckowski
- Democratic
Author
(1) Existing law, the Fair Debt Buying Practices Act, regulates the practice of buying charged-off consumer debt, as defined, sold or resold on or after January 1, 2014, for collection purposes and prescribes the circumstances pursuant to which the debt buyer may bring suit. The act prohibits a court from entering a default or other judgment in an action initiated by a debt buyer 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, as specified. This bill would permit a person to serve and file a notice of motion and motion to set aside a default or default judgment and for leave to defend an action relating to debt, if service of a summons did not result in actual notice to the person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action. The bill would require the person to make this service and filing within 6 years after entry of the default judgment or 180 days of the first actual notice of the action, whichever is earlier, except in cases of identity theft or mistaken identity, in which case the service and filing is to be made within 180 days of the first actual notice of the action. The bill would prescribe requirements regarding documents to be submitted to a court in instances of identity theft or mistaken identity. The bill would prescribe requirements for the filing, which would include an affidavit submitted to the court under oath stating that the person's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would permit a court to set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. The bill would apply to a judgment entered on and after January 1, 2010, except as specified. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 804, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 9:30 a.m.
Assembly amendments concurred in. (Ayes 28. Noes 11. Page 2676.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 45. Noes 26. Page 3029.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (August 19).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 14).
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (July 6).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 10. Page 1062.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 4.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 728.) (April 21). Re-referred to Com. on APPR.
Set for hearing April 21.
From printer. May be acted upon on or after April 1.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB641 | HTML |
| 02/27/15 - Introduced | |
| 07/08/15 - Amended Assembly | |
| 07/16/15 - Amended Assembly | |
| 08/27/15 - Amended Assembly | |
| 09/10/15 - Enrolled | |
| 10/11/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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