Civil Code - CIV - CIV § 1798.97.1

Summary

For purposes of this title, the following definitions apply: (a) “Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any o

Text

For purposes of this title, the following definitions apply:
(a)
“Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following:
(1)
A police report.
(2)
A Federal Trade Commission identity theft report identifying a particular debt, or portion thereof, as coerced, but not as identity theft.
(3)
A court order issued pursuant to Section 6340 of the Family Code relating to domestic violence, Section 213.5 of
the Welfare and Institutions Code relating to a dependent or ward of the juvenile court, or Section 15657.03 of the Welfare and Institutions Code relating to elder or dependent adult abuse.
(4)
(A)
A sworn written certification from a qualified third-party professional based on information they received while acting in a professional capacity.
(B)
The documentation described by subparagraph (A) shall be signed by a qualified third-party professional and display the letterhead, address, and telephone number of the office, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, the qualified third-party professional, or, if the qualified third-party professional is self-employed, the documentation shall display the letterhead, address, and telephone number of the qualified third-party
professional.
(b)
“Claim” means a right to payment, whether or not that right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable.
(c)
(1)
“Claimant” means a person or an entity who has or purports to have a claim against a debtor arising from coerced debt, or that person’s or entity’s successor or assignee. “Claimant” includes, but is not limited to, a debt collector or a debt buyer.
(2)
Notwithstanding paragraph (1), “claimant” shall not include a person who caused the claim described in paragraph (1) to arise through duress, intimidation, threat of force, force, fraud, or undue influence perpetrated against the debtor.
(d)
“Coerced debt” means a
particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence, or a victim of elder or dependent adult abuse, or a person who is a foster youth, incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence.
(1)
For purposes of this subdivision, “domestic violence” has the same meaning as in Section 6211 of the Family Code.
(2)
For the purposes of this subdivision, “foster youth” has the same meaning as in Section 42238.01 of the Education Code.
(3)
For the purposes of this subdivision, “dependent adult” has the same meaning as in Section 15610.23 of the Welfare and Institutions Code.
(4)
For the purposes of this subdivision, “elder” has the same meaning as in Section 15610.27 of the Welfare and Institutions Code.
(e)
“Debtor” means a person who owes or is otherwise liable for coerced debt.
(f)
“Fraud” means an initial fraudulent act that is perpetrated against the debtor.
(g)
“Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7.
(h)
“Person” means a natural person.
(i)
“Qualified third-party professional” means any of the following:
(1)
A
domestic violence counselor, as defined in Section 1037.1 of the Evidence Code.
(2)
A sexual assault counselor, as defined in Section 1035.2 of the Evidence Code.
(3)
A Court-Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code.
(4)
A court-appointed attorney, as defined in subdivision (e) of Section 317 of the Welfare and Institutions Code.
(5)
A board certified psychiatrist or psychologist.
(6)
A licensed marriage and family therapist.
(7)
A licensed professional clinical counselor.
(8)
A licensed clinical social
worker.
(9)
A social worker or caseworker employed by an adult protective service agency for the purposes described in Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code.
(10)
A social worker who has completed the child welfare training program described in Article 2 (commencing with Section 16205) of Chapter 3 of Part 4 of Division 9 of the Welfare and Institutions Code.
(j)
(1)
“Sworn written certification” means a document in which the author declares under penalty of perjury as true any material fact, and which is accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation that the debt is coerced debt:
(A)
A copy of the
debtor’s driver’s license or identification card, as issued by the state.
(B)
Any other identification document that supports the statement that the particular debt, or portion thereof, is coerced debt.
(C)
An express statement that the debtor did not willingly authorize the use of the debtor’s name or personal information for incurring the coerced debt, and specific facts supporting the claim of coerced debt, if available, and, if not all of the debt was coerced, a statement identifying the portion thereof that was coerced.
(D)
Any available correspondence disputing the coerced debt after transaction information has been provided to the debtor.
(E)
Information, if known by the debtor, including, but not limited to, a credit card number or loan number,
that can be used by the claimant to identify the account associated with the coerced debt and the person or persons in whose name the debt was incurred.
(F)
The identity of the person or persons who coerced the debtor into incurring the debt and contact information for that person or persons, if known by the debtor, unless the debtor signs a sworn statement that disclosing this information is likely to result in abuse, as defined in Section 6203 of the Family Code, to the debtor or an immediate family member of the debtor.
(G)
A telephone number for contacting the person signing the certification concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement.
(2)
The certification required by this
subdivision shall be sufficient if it is in substantially the following form:
“I declare under penalty of perjury that the representations made herein are true, correct, and contain no material omissions of fact.
_______(Date and Place)________ _______(Signature)________”

Retrieval chunks

• #1 | Civil Code - CIV - CIV § 1798.97.1

  For purposes of this title, the following definitions apply: (a) “Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following: (1) A police repor…

• #2

  particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence, or a victim of elder or dependent adult abuse, or a person who is a foster youth, incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence. (…

• #3

  “Sworn written certification” means a document in which the author declares under penalty of perjury as true any material fact, and which is accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation that the debt is coerced debt: (A) A copy of the debtor’s driver’s…