For Calif Consumers w Assigned Debt

Discussion in 'Credit Talk' started by 3dayevntr, Mar 11, 2004.

  1. 3dayevntr

    3dayevntr Well-Known Member

    Look what I found,

    You all may already know this, but I found it interesting.
    A CA in Calif. can't sue you in SC if they are assigned the debt,they have to own it.


    116.420. (a) No claim shall be filed or maintained in small claims
    court by the assignee of the claim.
    (b) This section does not prevent the filing or defense of an
    action in the small claims court by (1) a trustee in bankruptcy in
    the exercise of the trustee's duties as trustee, or (2) by the holder
    of a security agreement, retail installment contract, or lien
    contract subject to the Unruh Act (Chapter 1 (commencing with Section
    1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the
    Automobile Sales Finance Act (Chapter 2b (commencing with Section
    2981) of Title 14 of Part 4 of Division 3 of the Civil Code),
    purchased by the holder for the holder's portfolio of investments,
    provided that the holder is not an assignee for the purpose of
    collection.
     

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