12345678910111213141516171819202122232425262728Any Attorney or PartyAny StreetAny Town, CA 99999555-555-5555Any attorney o...
123456789101112131415161718192021222324252627281 1. Plaintiff, __________________(“Plaintiff”) is and at all times mention...
12345678910111213141516171819202122232425262728FIRST CAUSE OF ACTION(Damages for violations of California Fair Debt Collec...
12345678910111213141516171819202122232425262728To purchase the entire document on which this preview is basedvisit: http:/...
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Sample California complaint for violations of fair debt collections practices act

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This sample complaint is for violations of the Federal Fair Debt Collections Practices Act found in Title 15 of the United States Code, section 1692, et seq., and the California Fair Debt Collection Practices Act also known as the Rosenthal Act found in California Civil Code sections 1788 et seq., The sample is intended to be used against a collection agency or other third party debt collector that has violated the California and Federal FDCPA.

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Sample California complaint for violations of fair debt collections practices act

  1. 1. 12345678910111213141516171819202122232425262728Any Attorney or PartyAny StreetAny Town, CA 99999555-555-5555Any attorney or partySuperior Court of the State of CaliforniaFor the County of ____________Any Plaintiff,Plaintiff,vs.Any Defendant, Does 1-50, inclusive,Defendants.)))))))))))))))))Case No.UNLIMITED CIVIL, DEMAND OVER $25,000COMPLAINT FOR:1. DAMAGES FOR VIOLATIONS OFCALIFORNIA FAIR DEBT COLLECTIONPRACTICES ACT2. DAMAGES FOR VIOLATIONS OF FEDERALFAIR DEBT COLLECTION PRACTICES ACTTo subscribe to my FREE California weekly legal newsletter visithttp://www.legaldocspro.net/newsletter.htm and enter your e-mailaddress. Be sure to remove this notice and all other notices beforeusing this document.1 Plaintiff, _________________, hereby complains and alleges as follows:- 1 -CIVIL COMPLAINT
  2. 2. 123456789101112131415161718192021222324252627281 1. Plaintiff, __________________(“Plaintiff”) is and at all times mentioned herein was,an individual, over the age of majority, residing in the City of _________, County of _________,State of California.12. Defendant, ________ , ("defendant corporation") is now, and at all times mentioned inthis complaint was a corporation organized and existing under the laws of the State of California,with its principal place of business in ________ County, California.3. Defendant, ________ , ("individual defendant") is now, and at all times mentioned inthis complaint was an individual and an employee of defendant corporation. At all times mentionedin this complaint, individual defendant was acting within the course and scope of their employmentwith defendant corporation.4. Plaintiff is unaware of the true names and capacities of defendants Does 1 through 50,inclusive, and each of them, and therefore sues these defendants by those fictitious names. Plaintiffwill ask leave to amend this complaint to state their true names and capacities when they have beenascertained. Plaintiff is informed and believes, and on that basis alleges, that each of the defendantsnamed as a Doe was in some manner responsible for the injury and damage suffered by plaintiff asalleged in this complaint. Plaintiff is informed and believes, and on that basis alleges, that some ofthe defendants were the agents and employees of their codefendants, and each of them, and in doingthe things alleged in this complaint were acting within the scope of their authority as agents andemployees, with the permission and consent of their codefendants, and each of them.////////////- 2 -CIVIL COMPLAINT
  3. 3. 12345678910111213141516171819202122232425262728FIRST CAUSE OF ACTION(Damages for violations of California Fair Debt Collection Practices Act as againstDefendant________________)5. Plaintiff realleges and incorporates by reference paragraphs 1 through 4, above, asthough fully set forth herein.6. This action is brought in part under the California Fair Debt Collections Practices Actfound in 1Civil Code sections 1788 et seq.,7. Defendant corporation operates ________ , in ________, California, and is in thebusiness of debt collection. Defendant corporation is a debt collector as defined in Civil Code Section1788.2[c] of the California Fair Debt Collection Practices Act.8. On or about ________ , defendant corporation contacted plaintiff concerning analleged debt for ________ , which was assigned to defendant corporation by ________ . Plaintiff is adebtor under the Act. ________ . Shortly after contacting plaintiff and in violation of Civil CodeSection 1788.12, defendant corporation began a series of almost daily telephone calls to plaintiffsmother concerning the debt, seeking to coerce her into paying the debt for the plaintiff.The debt MUST be a consumer debt. You should allege how thedebt is a consumer debt.9. Due to ________, plaintiff is particularly vulnerable to mental distress. Defendantcorporation had notice of plaintiffs condition as of ________ , during the course of the initial contactbetween plaintiff and defendant corporation, and continued to act in an oppressive and abusivemanner.10. Plaintiff is informed and believes, and on that basis alleges, that defendant corporationwillfully and knowingly violated its statutory duties under the California Fair Debt Collection- 3 -CIVIL COMPLAINT
  4. 4. 12345678910111213141516171819202122232425262728To purchase the entire document on which this preview is basedvisit: http://www.scribd.com/doc/142365603/Sample-Complaint-for-Violations-of-Fair-Debt-Collections-Practices-ActTo view collections of documents for sale by LegalDocsPro visithttp://www.scribd.com/LegalDocsPro/collections- 4 -CIVIL COMPLAINT

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