Jump to content


Recommended Posts

California does have this:

The law prohibits all debt collection practices that are judicially determined to be

"unfair."65 The law also prohibits certain practices that the Legislature has defined as

"unfair." The following specific rules apply:

1. Physical force or criminal means. It is unlawful for a collector to collect a debt by using physical force or any criminal means to cause harm to the person, reputation or property of anyone.66

2. Amount or charges lawfully owing. It is unlawful for a collector to collect any amount (including any interest, fee, charge, or expense incidental to the principal amount of the debt) unless such amount is either: (a) expressly authorized by the agreement between the debtor and the original creditor, or (B) expressly permitted by statute.67 Attempts to collect "interest," "service charges," "collection charges," "attorney’s fees," "legal notice fees" and other fees, charges or penalties, result in a violation unless the charge is expressly authorized by a statute or a valid agreement between the parties.68 It is also a violation to misrepresent a debt’s character,


amount or legal status.69 For example, it is a violation to attempt to collect a claim that is too old to be enforceable.70 Charges of the following kinds are sometimes asserted against debtors when the required factual or legal prerequisites do not exist:

enforceable – where a court would find the claimed debt to be lawfully owed to another, and would issue a court judgment that declares that the debtor owes it

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.