California debt collection laws: 1 year to file

the short answer

California's Rosenthal Act does the thing the federal Act does not: it reaches the original creditor collecting its own debt, not just the agency it hired. It works by adopting the federal rules wholesale — every debt collector collecting a consumer debt must comply with 15 U.S.C. §§ 1692b to 1692j and is subject to the remedies in § 1692k. So the conduct rules are the federal ones and the question the state law changes is who they apply to.

source ↗Not yet checked against the statute.

governing statute15 U.S.C. § 1692d source ↗Not yet checked against the statute.

plain englishA debt collector may not harass, oppress or abuse you to collect a debt — no threats, no obscenity, no publishing your name as someone who will not pay, and no repeated calls meant to annoy. It may not lie about the amount, about who it is, or about what will happen to you. It may not call before 8 in the morning or after 9 at night your time, or at work once you have said your employer forbids it, and once you tell it in writing to stop contacting you it must stop.source ↗Not yet checked against the statute.

deadline5 dayssource ↗Not yet checked against the statute.

penaltyYour actual damages, plus additional damages the court may allow up to $1,000, plus the costs of the action and a reasonable attorney's fee (15 U.S.C. § 1692k(a)). The fee shifts on any successful action, which is what makes a small case worth a lawyer's time.source ↗Not yet checked against the statute.

limit1 yearsource ↗Not yet checked against the statute.

free routeThe Consumer Financial Protection Bureau takes a complaint about a debt collector online, in any state, for nothing. It forwards the complaint to the company and expects a response, and it publishes the complaint and the response in a public database. That is a national route that runs alongside — not instead of — the state office named below.source ↗Not yet checked against the statute.

alsoThe Act reaches debt collectors — third-party agencies, and buyers of debt that was already in default. A creditor collecting its own debt in its own name is usually outside it, and that is the gap the state law below is often there to close. Two more things worth knowing: within five days of first contacting you the collector must put the amount, the creditor's name and your right to dispute in writing, and if you dispute in writing within thirty days it must stop collecting until it sends you verification. Under Regulation F a collector is presumed to be harassing you if it calls more than seven times in seven days about the same debt, or at all within seven days of speaking to you (12 C.F.R. § 1006.14(b)(2)(i)).source ↗Not yet checked against the statute.

Which debt collection law applies in California?

governing statute

Cal. Civ. Code § 1788.17

source ↗Not yet checked against the statute.

What can you recover from a debt collector in California?

penalty

Actual damages, and for a willful and knowing violation a penalty the court sets at not less than $100 and not more than $1,000 on top. The prevailing party is entitled to the costs of the action (Cal. Civ. Code § 1788.30).

source ↗Not yet checked against the statute.

Where do you report a debt collector in California?

free route

The Department of Financial Protection and Innovation takes a complaint about a debt collector online, and it names debt collectors on the list of who it takes complaints about. Since the Debt Collection Licensing Act, a collector operating in California holds a DFPI licence — so this office can deny, suspend or revoke it, take possession of a licensee, bar individuals from the industry, and levy penalties. It is enforcement, not recovery: the money comes from the Rosenthal claim above.

source ↗Not yet checked against the statute.

How much can you sue for in California small claims court?

small claims limit

$12,500

source ↗Not yet checked against the statute.

exceptions: $6,250 if you are suing as a business rather than as a person.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in California. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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Can I sue for a debt collector harassing me in California?

Which debt collection law applies in California?

What can you recover from a debt collector in California?

Where do you report a debt collector in California?

How much can you sue for in California small claims court?

That is the rule. Whether it is your answer is a different question.