California Civil Code § 1798.97.1

For purposes of this title, the following definitions apply: (a) “Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following: (1) A police report. (2) A Federal Trade Commission identity theft report identifying a particular debt, or portion thereof, as coerced, but not as identity theft. (3) A court order issued pursuant to Section 6340 of the Family Code relating to domestic violence, Section 213.5 of the Welfare and Institutions Code relating to a dependent or ward of the juvenile court, or Section 15657.03 of the Welfare and Institutions Code relating to elder or dependent adult abuse. (4) (A) A sworn written certification from a qualified third-party professional based on information they received while acting in a professional capacity. (B) The documentation described by subparagraph (A) shall be signed by a qualified third-party professional and display the letterhead, address, and telephone number of the office, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, the qualified third-party professional, or, if the qualified third-party professional is self-employed, the documentation shall display the letterhead, address, and telephone number of the qualified third-party professional. (b) “Claim” means a right to payment, whether or not that right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable. (c) (1) “Claimant” means a person or an entity who has or purports to have a claim against a debtor arising from coerced debt, or that person’s or entity’s successor or assignee. “Claimant” includes, but is not limited to, a debt collector or a debt buyer. (2) Notwithstanding paragraph (1), “claimant” shall not include a person who caused the claim described in paragraph (1) to arise through duress, intimidation, threat of force, force, fraud, or undue influence perpetrated against the debtor. (d) “Coerced debt” means a particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence, or a victim of elder or dependent adult abuse, or a person who is a foster youth, incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence. (1) For purposes of this subdivision, “domestic violence” has the same meaning as in Section 6211 of the Family Code. (2) For the purposes of this subdivision, “foster youth” has the same meaning as in Section 42238.01 of the Education Code. (3) For the purposes of this subdivision, “dependent adult” has the same meaning as in Section 15610.23 of the Welfare and Institutions Code. (4) For the purposes of this subdivision, “elder” has the same meaning as in Section 15610.27 of the Welfare and Institutions Code. (e) “Debtor” means a person who owes or is otherwise liable for coerced debt. (f) “Fraud” means an initial fraudulent act that is perpetrated against the debtor. (g) “Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7. (h) “Person” means a natural person. (i) “Qualified third-party professional” means any of the following: (1) A domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. (2) A sexual assault counselor, as defined in Section 1035.2 of the Evidence Code. (3) A Court-Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code. (4) A court-appointed attorney, as defined in subdivision (e) of Section 317 of the Welfare and Institutions Code. (5) A board certified psychiatrist or psychologist. (6) A licensed marriage and family therapist. (7) A licensed professional clinical counselor. (8) A license

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