California 2011-2012 Regular Session Status: Passed Senate

SB 890 — Debt buyers.

Last action — Set, first hearing. Failed passage in committee. Reconsideration granted.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) 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 enact the Fair Debt Buyers Practices Act, which would regulate the activities of a person or entity that has bought consumer debt and the circumstances in which the person may bring suit. The bill would prohibit a debt buyer, as defined, from making any written statement in an attempt to collect a consumer debt unless the debt buyer possesses information that the debt buyer is the sole owner of the specific debt at issue, the debt balance, as specified, and the name and address of the creditor at the time the debt was charged off, among other things. The bill would require the debt buyer to make certain documents available to the debtor, without charge, upon receipt of a request, within 15 days. The bill would require that a specified notice be included with the debt buyer's first written communication with the debtor. The bill would require all settlement agreements between a debt buyer and a debtor to be documented in open court or otherwise in writing and would require a debt buyer who receives a payment on a debt to provide a receipt or statement containing certain information. The bill would prohibit a debt buyer from initiating a suit to collect a debt if the statute of limitations on the cause of action has expired. The bill would prescribe penalties for each violation of the act and would provide that its provisions may not be waived. The bill would require a debt buyer bringing an action on consumer debt to include certain information in his or her complaint. The bill would prohibit an entry of judgment in favor of a plaintiff debt buyer unless business records authenticated through a sworn declaration and relating to the debt and ownership of it, among other things, are submitted by the debt buyer to the court, and would permit a court to dismiss a debt buyer's action to collect with prejudice if this information is not provided or if the debt buyer fails to appear or is not prepared on the date scheduled for trial. (2) Existing law establishes a process for the enforcement of money judgments and requires a levying officer to provide certain documents and information to a judgment debtor and to a designated employer in connection with wage garnishment. Existing law permits a process server also to serve an earnings withholding order on an employer and requires that the process server also serve certain documents at this time. Existing law requires an employer who is served with an earnings withholding order to provide certain documents to an employee who is a judgment debtor. This bill would require, in the circumstances described above, that a copy of the form that the judgment debtor may use to make a claim of exemption and a copy of the form used to provide a financial statement also be provided.

Bill Text

Action History

  1. Set, first hearing. Failed passage in committee. Reconsideration granted.

  2. Read second time and amended. Re-referred to Com. on B. & F.

  3. From committee: Do pass as amended and re-refer to Com. on B. & F. (Ayes 7. Noes 1.) (June 26).

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  5. Referred to Coms. on JUD. and B. & F.

  6. In Assembly. Read first time. Held at Desk.

  7. Read third time. Passed. (Ayes 22. Noes 14. Page 2745.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. Ordered to second reading.

  10. From inactive file.

  11. Ordered to inactive file on request of Senator Leno.

  12. Read second time. Ordered to third reading.

  13. Ordered to second reading.

  14. Read third time and amended.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 3. Noes 2. Page 951.) (May 10).

  17. Set for hearing May 10.

  18. Re-referred to Com. on JUD.

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  20. Referred to Com. on RLS.

  21. From printer. May be acted upon on or after March 22.

  22. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Butler · Cosponsor
  • Leno · Primary
  • Wieckowski · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

  • Leno

Co-sponsors (2)

  • Butler
  • Wieckowski

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Failed 3 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 2306
Total 3306
% of votes cast 25%25%0%50%
How each member voted (12)
Member Party Vote
Fletcher — Not Voting
Lara — Yea
Morrell — Nay
Achadjian — Nay
Harkey — Nay
Perea — Not Voting
Torres — Not Voting
Eng — Yea
Fuentes — Not Voting
Gatto — Not Voting
Roger Hernández — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Republican 0100
Democratic 1001
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Hancock — Yea
Cannella — Nay
Yee — Yea
Fuller — Nay
Corbett — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Dutton — Nay
Rubio — Nay
Alquist — Yea
Anderson — Nay
Harman — Nay
Huff — Nay
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wright — Yea
Runner — Not Voting
Blakeslee — Nay
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Vargas — Nay
Wolk — Yea
Wyland — Not Voting
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Leno — Yea
Corbett — Yea
Blakeslee — Nay
Harman — Nay
Evans — Yea

Official roll call →

Subjects

finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 890 do?
(1) 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 enact the Fair Debt Buyers Practices Act, which would regulate the activities of a person or entity that has bought consumer debt and the circumstances in which the person may bring suit. The bill would prohibit a debt buyer, as defined, from making any written statement in an attempt to collect a consumer debt unless the debt buyer possesses information that the debt buyer is the sole owner of the specific debt at issue, the debt balance, as specified, and the name and address of the creditor at the time the debt was charged off, among other things. The bill would require the debt buyer to make certain documents available to the debtor, without charge, upon receipt of a request, within 15 days. The bill would require that a specified notice be included with the debt buyer's first written communication with the debtor. The bill would require all settlement agreements between a debt buyer and a debtor to be documented in open court or otherwise in writing and would require a debt buyer who receives a payment on a debt to provide a receipt or statement containing certain information. The bill would prohibit a debt buyer from initiating a suit to collect a debt if the statute of limitations on the cause of action has expired. The bill would prescribe penalties for each violation of the act and would provide that its provisions may not be waived. The bill would require a debt buyer bringing an action on consumer debt to include certain information in his or her complaint. The bill would prohibit an entry of judgment in favor of a plaintiff debt buyer unless business records authenticated through a sworn declaration and relating to the debt and ownership of it, among other things, are submitted by the debt buyer to the court, and would permit a court to dismiss a debt buyer's action to collect with prejudice if this information is not provided or if the debt buyer fails to appear or is not prepared on the date scheduled for trial. (2) Existing law establishes a process for the enforcement of money judgments and requires a levying officer to provide certain documents and information to a judgment debtor and to a designated employer in connection with wage garnishment. Existing law permits a process server also to serve an earnings withholding order on an employer and requires that the process server also serve certain documents at this time. Existing law requires an employer who is served with an earnings withholding order to provide certain documents to an employee who is a judgment debtor. This bill would require, in the circumstances described above, that a copy of the form that the judgment debtor may use to make a claim of exemption and a copy of the form used to provide a financial statement also be provided.
Who sponsors SB 890?
SB 890 is sponsored by Butler, Leno, and Wieckowski.
What is the current status of SB 890?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 890?
Track SB 890 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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