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Debt Collectors & Debt Buyers State Debt Buyer Rights
Generate this letterCalifornia Debt Buyer Documentation Demand (Rosenthal Act & CFDBPA)
When to use it
Send to a debt buyer collecting from a California resident under the CA Fair Debt Buying Practices Act (CFDBPA).
Preview
Bracketed fields are filled in from your account when you generate it.
[CLIENT FULL NAME]
[CLIENT ADDRESS LINE1]
[CLIENT CITY], [CLIENT STATE] [CLIENT ZIP]
Phone: [CLIENT PHONE]
Email: [CLIENT EMAIL]
Date: [TODAY]
[RECIPIENT NAME]
[RECIPIENT ADDRESS BLOCK]
RE: STATUTORY DEMAND FOR DOCUMENTATION PURSUANT TO CA CIV. CODE § 1788.52 (CFDBPA)
Account Number: [ACCOUNT ACCOUNT NUMBER MASKED]
Original Creditor: [ACCOUNT ORIGINAL CREDITOR]
Collector Reference #: [ACCOUNT COLLECTOR REFERENCE]
Dear [RECIPIENT NAME],
I am writing as a resident of California regarding your collection attempts on the above-referenced account. Please be advised that your collection activities are governed by the California Fair Debt Buying Practices Act (CFDBPA), CA Civ. Code §§ 1788.50–1788.64, and the Rosenthal Fair Debt Collection Practices Act, CA Civ. Code § 1788 et seq.
Under California Civil Code § 1788.52, a debt buyer SHALL NOT make a written statement attempting to collect a debt unless the debt buyer possesses the following account-level documentation:
1. Original Creditor Information: The name and address of the original creditor at charge-off, and the original account number.
2. Balance Breakdown: The balance at charge-off, plus an itemized breakdown of post-charge-off interest, fees, and payments.
3. Proof of Ownership: A copy of the contract or document establishing title transferring the debt from original creditor [ACCOUNT ORIGINAL CREDITOR] to your entity, explicitly referencing my account.
4. Copy of Agreement: A copy of the written contract or document creating the debt, or for credit card debt, statement proving account usage.
Furthermore, CA Civ. Code § 1788.52(d) mandates that any written demand for payment must include the exact statutory California disclosures regarding time-barred debt if applicable.
Pursuant to California law, I hereby demand that you furnish full copies of all documentation required under CA Civ. Code § 1788.52. Failure to comply prior to pursuing collection or litigation constitutes an immediate violation of CA Civ. Code § 1788.62 and 15 U.S.C. § 1692e.
Sincerely,
[CLIENT FULL NAME]
Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]
Legal basis
CA Civ. Code §§ 1788.50-1788.64CA Civ. Code § 1788 et seq.15 U.S.C. § 1692gEnclose
- Copy of Debt Buyer Notice
Before you send
- Consumer resides in California or underlying contract was executed in California.
Know this first
- Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
- Under CA Civ. Code § 1788.52, debt buyers are strictly prohibited from collecting or making written demands without possessing key account documentation and specific statutory notices.
Follow up
Allow about 30 days for a response.