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California Debt Collection Law Attorney


FDCPA

THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title…Read More

CAL FDCPA

ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT- California’a FDCPA

CIVIL CODE SECTION 1788-1788.3 

1788. This title may be cited as the Rosenthal Fair Debt Collection Practices Act.

1788.1. (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. Read More

Bankruptcy Act of 2005

The Bankruptcy Abuse and Consumer Protection Act of 2005 went into effect on October 17, 2005 and provides the most significant (and controversial) overhaul of the bankruptcy system in over 25 years. Backed by the credit card, retail and banking industries, the new legislation makes it more difficult for people to erase all of their debts in bankruptcy, while forcing others on payment plans instead. Conservatives and the financial services lobbies argue that the new law was needed to curb abuse of the bankruptcy system and teach people to be more financially responsible, while liberals and consumer advocates say that this law unfairly penalizes poor people who may be suffering financially due to illness, divorce or unemployment.

If you are considering filing for bankruptcy, there are some important things about this law that you will need to know before you start your proceedings. Here is a summary of some of the BAPCPA’s most significant provisions. Read More

Statute of Limitations

WHAT IS “THE STATUTE OF LIMITATIONS”?

Generally speaking, the statute of limitations is a specific law (or “statute”) that states when a lawsuit must be filed. It is a specific measurement of time (i.e. 1 year) that “limits” the length of time one has to file a lawsuit. Lawsuits filed after the passing of this specific amount of time can be challenged and dismissed merely because the time has passed. The amount of time allowed depends on the type of claim. For example, in California, you must file a lawsuit for any losses due to an automobile negligence claim within 2 years of the date you were injured. If you claim someone breached a written contract, you must bring your lawsuit within 4 years. If it was an oral contract, the time is 2 years.

BELOW IS A CHART OF THE “STATUTE OF LIMITATIONS” IN CALIFORNIA

Description

Statute
Contract (in writing), 4 yearsCal. Civ. Proc. Code § 337
Contract (oral or not in writing), 2 yearsCal. Civ. Proc. Code § 339
False Imprisonment, 1 yearCal. Civ. Proc. Code § 340
Fraud, 3 yearsCal. Civ. Proc. Code § 338
Enforcing Court Judgments, 10 yearsCal. Civ. Proc. Code § 337.5
Legal Malpractice, 1 yearCal. Civ. Proc. Code § 340.6
Libel, 1 yearCal. Civ. Proc. Code § 340
Medical Malpractice, 1 or 3 years (Depending on when the victim “discovers” the injury)Cal. Civ. Proc. Code § 340.5
Personal Injury, 2 yearsCal. Civ. Proc. Code § 335.1
Product Liability, 2 yearsCal. Civ. Proc. Code § 335.1
Property Damage, 3 yearsCal. Civ. Proc. Code § 338
Slander, 1 yearCal. Civ. Proc. Code § 340
Trespass, 3 yearsCal. Civ. Proc. Code § 338
Wrongful Death, 2 yearsCal. Civ. Proc. Code § 335.1