In an action brought by a private education lender or private education loan collector to collect a private education loan:

(a) The complaint shall allege all of the following:

Terms Used In California Civil Code 1788.205

  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

(1) The information required by paragraphs (1) to (11), inclusive, of subdivision (a) of Section 1788.202.

(2) That the applicable statute of limitations has not expired.

(3) That the plaintiff has complied with Section 1788.202.

(b) Copies of the documents required by paragraphs (12) to (14), inclusive, of subdivision (a) of Section 1788.202 shall be attached to the complaint.

(c) The requirements of this title shall not be deemed to require the disclosure in public records of personal, financial, or medical information, the confidentiality of which is protected by any state or federal law.

(d) 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.)

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