Code Civ. Proc., § 425.30 · Article 1. General Provisions
Code Civ. Proc., § 425.30
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a “common count” includes, but is not limited to, a claim for recovery of any of the following:
(1) An open book account for money due.
(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
(3) Money had and received by defendant for the use and benefit of plaintiff.
(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.
(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.
(6) Money lent by plaintiff to defendant at defendant’s request.
(7) Money paid out, laid out, and expended to or for defendant at defendant’s special instance and request.
(b) For purposes of this section, “consumer debt” means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract.
(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
Notes and commentary — not statutory text
History
Added by Stats. 2023, Ch. 688, Sec. 2. (AB 1414) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=425.30.
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- sha256 8bf2f623ba754d3042d278b73d028a43f2115a5ecc3a93af070557deeaf27caa
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Civil Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.