California Civil Code 1788.206 – (a) In an action initiated by a private education lender or …
(a) In an action initiated by a private education lender or private education loan collector, no default or other judgment may be entered against a defendant unless documents are submitted by the plaintiff to the court to establish the facts required to be alleged by paragraphs (1) and (2) of subdivision (a) of Section 1788.205. The documents shall be properly authenticated and each shall be in a form that would be admissible as a business record under § 1271 of the Evidence Code.
(b) In an action initiated by a private education lender or private education loan collector, no default or other judgment may be entered against a defendant unless copies of the documents described in subdivision (b) of Section 1788.205 have been submitted by the plaintiff to the court. These documents shall be properly authenticated and each shall be in a form that would be admissible as a business record under § 1271 of the Evidence Code.
Terms Used In California Civil Code 1788.206
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) In any action on a private education loan, if a plaintiff seeks a default judgment and has not complied with the requirements of this title, the court shall not enter a default judgment for the plaintiff and may, in its discretion, dismiss the action.
(d) Except as provided in this title, this section is not intended to modify or otherwise amend the procedures established in § 585 of the Code of Civil Procedure.
(e) This section does not apply to a plaintiff that attaches to the complaint a declaration or affidavit pursuant to § 2015.5 of the Code of Civil Procedure that is signed by a natural person and states all of the following:
(1) That the plaintiff is an exempt entity.
(2) The category in subdivision (a) of § 1420 of the Financial Code under which the plaintiff falls.
(3) The name and title of the signer.
(4) That the signer has been authorized by the entity to make the affidavit or declaration.
(Added by Stats. 2021, Ch. 559, Sec. 1. (AB 424) Effective January 1, 2022. Operative July 1, 2022, pursuant to Section 1788.211.)