Dotheyeverstop?

California law requiring proof before filing?

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Helping a friend fight a cache case:


 


I vaguely remember something from back when my case was fought (and won) that changed in California on January 1st 2015, didn't apply because my case was filed in December of 2014, so I don't completely remember.


 


Here's where we are:   Cache filed, friends answered AND sent first request for docs.   The answer they received yesterday stated "Cache is still preparing the case for trial and does not have the necessary information to answer at this time....on ALL questions.   They then sent a statement from over a year ago from a different collection company.    


 


If I remember correctly this is enough to request dismissal, BUT I don't remember which law it is that makes this so.


 


Anyone?


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@Dotheyeverstop?

 

I believe you're referring to "Fair Debt Buying".   It's CA Civil Code 1788.50.

 

Note that it only applies to "consumer debt sold or resold on or after January 1, 2014."  (1788.50(1)(d)

 

If the debt was sold after 1/01/2014, I'd be contacting a CA consumer attorney.  Not only could Cach be violating CA law, but there might also be a potential FDCPA violation.

 

Perhaps @calawyer will chime in.

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it only applies to debt SOLD or RESOLD after 1/1/14.  Since a lot of JDB'S wait 4 years to sue, it may not apply to your case.  However debt gets resold all the time so it is worth keeping in mind.  The new act requires lots of stuff that JDB's hate including a requirement that they attach a copy of the contract to the complaint or a statement.  And violation gets you up to $1,000.

 

 

Here is the text of the new law:  http://www.leginfo.c...1788.50-1788.64

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Thank you!!!   I'll call them now and get this rolling. 

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