California 2015-2016 Regular Session Status: Enacted

SB 641 — Debt buying: default judgment.

Last action — Chaptered by Secretary of State. Chapter 804, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the Fair Debt Buying Practices Act, regulates the practice of buying charged-off consumer debt, as defined, sold or resold on or after January 1, 2014, for collection purposes and prescribes the circumstances pursuant to which the debt buyer may bring suit. The act prohibits a court from entering a default or other judgment in an action initiated by a debt buyer against a debtor unless business records, authenticated through a sworn declaration, are submitted by the debt buyer to the court to establish the facts required to be alleged, as specified. This bill would permit a person to serve and file a notice of motion and motion to set aside a default or default judgment and for leave to defend an action relating to debt, if service of a summons did not result in actual notice to the person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action. The bill would require the person to make this service and filing within 6 years after entry of the default judgment or 180 days of the first actual notice of the action, whichever is earlier, except in cases of identity theft or mistaken identity, in which case the service and filing is to be made within 180 days of the first actual notice of the action. The bill would prescribe requirements regarding documents to be submitted to a court in instances of identity theft or mistaken identity. The bill would prescribe requirements for the filing, which would include an affidavit submitted to the court under oath stating that the person's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would permit a court to set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. The bill would apply to a judgment entered on and after January 1, 2010, except as specified. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 804, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:30 a.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 11. Page 2676.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 45. Noes 26. Page 3029.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 5.) (August 19).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 14).

  13. Read second time and amended. Re-referred to Com. on JUD.

  14. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (July 6).

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

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

  17. Read third time. Passed. (Ayes 29. Noes 10. Page 1062.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  20. Set for hearing May 4.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 728.) (April 21). Re-referred to Com. on APPR.

  22. Set for hearing April 21.

  23. Referred to Com. on JUD.

  24. Read first time.

  25. From printer. May be acted upon on or after April 1.

  26. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB641 Wieckowski Concurrence

Passed 28 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 261001
Democratic 2100
Total 281101
% of votes cast 70%28%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hernandez — Yea
Leyva — Yea
Moorlach — Nay
Morrell — Nay
Pavley — Yea
Roth — Yea
Galgiani — Yea
Hall — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Leno — Yea
Cannella — Yea
Liu — Yea
Mendoza — Yea
Pan — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Nay
Hueso — Yea
Huff — Yea
Bates — Nay
Beall — Yea
Lara — Not Voting
Monning — Yea
Nielsen — Nay
Vidak — Yea
Fuller — Nay
Glazer — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 641 Wieckowski Senate Third Reading By STONE

Passed 45 Yea · 26 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 412109
Democratic 4000
Republican 0500
Total 452609
% of votes cast 56%33%0%11%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Yea
Brough — Not Voting
Brown — Not Voting
Low — Yea
Maienschein — Nay
Mathis — Nay
McCarty — Yea
O'Donnell — Not Voting
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Chu — Yea
Dababneh — Yea
Daly — Not Voting
Salas — Yea
Bonilla — Yea
Gomez — Yea
Lopez — Yea
Gordon — Yea
Harper — Nay
Holden — Yea
Atkins — Yea
Jones-Sawyer — Yea
Levine — Yea
Burke — Yea
Linder — Yea
Gray — Nay
Bigelow — Nay
Campos — Yea
Chau — Yea
Chiu — Yea
Chávez — Nay
Cooley — Yea
Dodd — Yea
Mayes — Nay
Medina — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Chang — Nay
Frazier — Not Voting
Cooper — Not Voting
Kim — Nay
Baker — Nay
Perea — Not Voting
Steinorth — Nay
Waldron — Nay
Wilk — Nay
Wood — Not Voting
Gatto — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 2000
Republican 0200
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Rendon — Yea
Wagner — Nay
Weber — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Nay
Daly — Not Voting
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 29 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27900
Democratic 2100
Total 291000
% of votes cast 74%26%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Lara — Yea
Mendoza — Yea
Morrell — Nay
Wieckowski — Yea
Fuller — Nay
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Cannella — Yea
Runner — Nay
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Bates — Nay
Block — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

finance civil-rights
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 641 do?
(1) Existing law, the Fair Debt Buying Practices Act, regulates the practice of buying charged-off consumer debt, as defined, sold or resold on or after January 1, 2014, for collection purposes and prescribes the circumstances pursuant to which the debt buyer may bring suit. The act prohibits a court from entering a default or other judgment in an action initiated by a debt buyer against a debtor unless business records, authenticated through a sworn declaration, are submitted by the debt buyer to the court to establish the facts required to be alleged, as specified. This bill would permit a person to serve and file a notice of motion and motion to set aside a default or default judgment and for leave to defend an action relating to debt, if service of a summons did not result in actual notice to the person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action. The bill would require the person to make this service and filing within 6 years after entry of the default judgment or 180 days of the first actual notice of the action, whichever is earlier, except in cases of identity theft or mistaken identity, in which case the service and filing is to be made within 180 days of the first actual notice of the action. The bill would prescribe requirements regarding documents to be submitted to a court in instances of identity theft or mistaken identity. The bill would prescribe requirements for the filing, which would include an affidavit submitted to the court under oath stating that the person's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would permit a court to set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. The bill would apply to a judgment entered on and after January 1, 2010, except as specified. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 641?
SB 641 is sponsored by Wieckowski.
What is the current status of SB 641?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track SB 641?
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