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§ 28?3502. Special promise to answer for debt or default of another.
Debt collection. (a)(1) This section applies to conduct and practices in connection with the collection of obligations arising from any consumer debt (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by Chapter 36 of this title).
One significant amendment in the bill passed Tuesday clarifies that a debt collector or debt buyer may only send text messages, emails or private messages on social media after sending the required written notice to consumers.
(1) Money is deemed to have been transmitted when it is available to the person designated by the customer, whether or not the designated person has taken possession of the money.
(1) "Contract" means: (A) A construction contract that is an agreement of any kind of nature, express or implied, to provide labor or materials, or both, for demolition, building, renovation, alteration, or maintenance of buildings, roadways, and structures; or (B) A food service contract that is an agreement of any ...
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.
If you're able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will.