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On September 25, 2020, Governor Newsom signed into law Senate Bill 908, which, in part, enacts the California Debt Collection Licensing Act (“Act”).  Effective January 1, 2022, the Act will require the licensure of persons that engage in debt collection in California with California residents.  Importantly, the Act also applies to entities collecting debt on their own behalf.  The Act’s requirements are in addition to those arising under the California Rosenthal Fair Debt Collection Practices Act (the “Rosenthal Act”), which regulates the practices of debt collectors. This is a very significant ...

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If the judgment creditor has caused the sheriff to levy on the judgment debtor’s real property, and if the real property is the debtor’s homestead, additional requirements must be met before the sheriff can sell the real property.  Specifically, the court must find that the value of the real property exceeds the amount of the debtor’s homestead exemption plus the amount owing on all liens senior to the judgment creditor’s lien.  In addition, the sheriff cannot sell the real property unless, at the sale, certain minimum bid requirements are met. CCP ...

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If the judgment creditor has instructed the sheriff to levy on the judgment debtor’s real property, and if the real property contains a dwelling, the next critical issue is whether the debtor is entitled to a homestead exemption.  CCP § 704.780(a) sets forth the burden of proof regarding the judgment debtor’s entitlement to a homestead exemption.  In short, CCP § 704.780 provides that, if the debtor has recorded a homestead declaration, the burden of proof is on the judgment creditor (i.e., the judgment creditor must prove that the real property ...

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