20250SB__070698AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-03-24 2025 SB AMD Introduced by Senator Hurtado LEAD_AUTHOR SENATE Hurtado

An act to add

Section 1788.57 to the Civil Code, and to amend

Section of, and to add

Section 337.3 to, the Code of Civil Procedure, relating to consumer debt. consumer debt Consumer debt: charged-off debts. Existing law places various requirements on, and prohibits certain actions by, debt buyers with respect to charged-off consumer debts. This bill would prohibit a charged-off consumer debt from being sold or assigned more than one year after the debt was charged off. The bill would require a charge-off creditor to notify the consumer when the creditor sells or assigned a charged-off consumer debt to a debt buyer.

Existing law prescribes various time periods for the commencement of actions other than for the recovery of real property, including within years for an action upon any contract, obligation, or liability founded upon an instrument in writing, as specified. This bill would prohibit an action from being brought to recover a charged-off consumer debt on or after the date that is the earliest of specified dates. The bill would prohibit a debt buyer from bringing an action to recover a charged-off consumer debt after one year from the date the debt was charged off.

Existing law requires the Secretary of Food and Agriculture to contract with the Regents of the University of California for its School of Veterinary Medicine to establish and operate the California Animal Health and Food Safety Laboratory.

Existing law requires the laboratory system to be headed by a director appointed by the Dean of the School of Veterinary Medicine, as specified, and to test, examine, and make diagnoses of infectious, nutritional, toxic, metabolic, and other diseases of domestic animals.</xhtml:p><xhtml:p>This bill would state the intent of the Legislature to enact subsequent legislation to enhance support for the Tulare Laboratory of the California Animal Health and Food Safety Laboratory System and the Avian Health Program administered by the Department of Food and Agriculture to ensure robust disease surveillance, early detection, and timely responses to avian health threats, thereby protecting California’s poultry industry, public health, and agricultural economy.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1788.57 is added to the Civil Code , to read: 1788.57. (

a) A charged-off consumer debt shall not be sold or assigned more than one year after the debt was charged off. (

b) A charge-off creditor shall notify the consumer when the creditor sells or assigns a charged-off consumer debt to a debt buyer.

SEC. 2.

Section of the Code of Civil Procedure is amended to read: 337. Except as provided in

Section 337.3, within four years: (

a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in

Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. (

b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. (

c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under

Section of the Insurance Code, the time shall not begin to run until the representation becomes false. (

d) When the period in which an action must be commenced under this

section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this

section shall only be extended pursuant to

Section 360.

SEC.

Section 337.3 is added to the Code of Civil Procedure , to read: 337.3. (

a) For purposes of this section: (1) “Charged-off consumer debt” has the same meaning as defined in

Section 1788.50 of the Civil Code. (2) “Debt buyer” has the same meaning as defined in

Section 1788.50 of the Civil Code. (

b) Notwithstanding

Section 337, and except as provided in subdivision (c), an action shall not be brought to recover a charged-off consumer debt on or after the date that is the earliest of the following:

(1) Two years after the date the creditor provided a notice of default or delinquency to the consumer.

(2) Ninety days after the debt was charged off. (

c) Notwithstanding subdivision (b), a debt buyer shall not bring an action to recover a charged-off consumer debt after one year from the date the debt was charged off. <caml:Num>SECTION 1.</caml:Num><caml:Content><xhtml:p>It is the intent of the Legislature to enact subsequent legislation to enhance support for the Tulare Laboratory of the California Animal Health and Food Safety Laboratory System and the Avian Health Program administered by the Department of Food and Agriculture to ensure robust disease surveillance, early detection, and timely responses to avian health threats, thereby protecting California’s poultry industry, public health, and agricultural economy.</xhtml:p></caml:Content></caml:BillSection>"?>