Our team originated and worked on legislation, that ultimately passed, to increase the base protections in a wage garnishment proceeding by reducing the multipliers used to determine the maximum amount of earnings subject to garnishment and reducing the amount of disposable income subject to garnishment from 50% to 20% of a person’s disposable income. 

CJC originated and worked on legislation, that ultimately passed, to reduce post judgment interest in collection cases to 5%, reduce the number of renewals of judgment from 10-year terms and infinite renewals to only one renewal at a 5-year term, and double the amount of time a person has to respond to a notice of renewal of judgment.

We passed legislation to provide co-signers of consumer credit the right to notice, and remedies, under Civil Code Section 1799.91–with such notices made available for businesses to comply on the state businesses website.

One of our proudest accomplishments, We wrote and passed the FDSPA just in time to meet the economic fallout of COVID-19. The FDSPA regulates and prescribes transparent and fair standards in the modern practice of debt settlement. This legislation included a robust private right of action to give consumers the ability to advocate for themselves, while allowing the State to choose to enforce and add regulations as needed.

This was an important measure that clarified that a police report is not required to enforce an individual’s rights under ID Theft Act. Prior to this legislation, business would deny claims on the grounds that a police report was not obtained. This had a disproportionately detrimental effect on communities of color.

This was an important measure that passed legislation to provide non-English speaking cosigners of consumer credit the rights afforded to primary signers under Civil Code Section 1632. Cosigners are equally responsible for debts, but have fewer rights and more to lose when they are defrauded by primary borrowers.

Previous language in the Proraters Law was found to be in violation of the Dormant Commerce Clause making the section unusable for the formerly named Department of Business Oversight. This law repealed certain sections in order to reestablish the viability of the law for the Department.

With housing values outpacing many other cities in the state, and the use of credit cards for basic necessities on the rise as income fails to meet inflation rates. The ability for creditors to foreclose on a home for unsecured debt is an enticing one. EBCLC passed legislation that prevents the initiation of foreclosure by a judgment creditor for debt that was originally unsecured. 

EBCLC passed legislation that prevents the depletion of a person’s bank account in a bank levy. The exemption is automatic and allows for action against a non-compliant bank, and the debt collector if no return has been made after providing notice to the collector. The protected amount changes with the basic standard of living statutorily prescribed. 

This bill automatically and permanently seals all UD actions, unless (1) the plaintiff (landlord) prevails within 60 days of filing (unless a default or default judgment is set aside) or (2) after 60 days only if judgment against all defendants has been entered for the plaintiff after a trial and the court issues an order allowing public access to the record.

Prior to this legislation, an individual who was never noticed to a lawsuit had to file a motion in equity in order to enforce their rights. This legislation allows for such people to use a set aside under time constraints measured in relation to the time of the person’s actual knowledge of the judgement, not the date of judgement. This bill greatly serves a rising population of people who are victims of identity theft or mistaken identity, and survivors of domestic abuse.

Prior law allowed a magistrate or clerk of the court to notify the DMV if any person has violated a promise to appear, or willfully fails to pay a fine for violating specific provisions of the Vehicle Code, which then requires suspension of the person’s driver’s license. This left many low-income consumers without the ability to get to their jobs, perpetuating the cycle of poverty. This law prescribes that counties with a one-time amnesty program to have a payment plan option, and to reinstate the offender’s driver’s license as long as they are in the payment plan.