BILL NUMBER: SB 890	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2011

   An act relating to debt collection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 890, as introduced, Leno. Debt collection.
   Existing state and federal law regulate the practice of debt
collection. Existing state law prohibits a debt collector from
engaging in specified conduct, including the use of threats or
causing a telephone to ring repeatedly to annoy the person called.
Existing law prohibits a debt collector from obtaining an affirmation
from a debtor of a consumer debt that has been discharged in
bankruptcy, without clearly and conspicuously disclosing to the
debtor, in writing, the fact that the debtor is not legally obligated
to make such affirmation.
   This bill would state the intent of the Legislature to enact
legislation to require a debt collector when suing to provide
documentation that evidences that the debt collector is attempting to
collect from the right person, for the right amount, on a debt that
the he or she can lawfully recover.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation that requires a debt collector to provide documentation
that supports the debt collector's right to the debt when the debt
collector is suing to collect that debt. The legislation shall
require that documentation to evidence that the debt collector is
attempting to collect from the right person, for the right amount, on
a debt that the he or she can lawfully recover.