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Cali Law VS 3rd Partys

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  • stonekutteral
    Hello, Here is some California Law, giving ammunition against third party debt collectors- action has been brought by a third party debt collector , and they
    Message 1 of 1 , Aug 5 6:11 PM
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      Hello, Here is some California Law, giving ammunition against third
      party debt collectors-
      action has been brought by a third party debt collector , and they have
      no standing according to Federal Rules of Civil Procedure, Rule 17a,
      as they are not a "real party in interest"(also required by California
      CODE OF CIVIL PROCEDURE
      SECTION 367-369.5
      367. Every action must be prosecuted in the name of the real party
      in interest, except as otherwise provided by statute.

      Section 6129. Every attorney who, either directly or indirectly, buys
      or is
      interested in buying any evidence of debt or thing in action, with
      intent to bring suit thereon, is guilty of a misdemeanor.
      Any violation of the provisions of this section is punishable by
      imprisonment in the county jail not exceeding six months, or by a
      fine not exceeding two thousand five hundred dollars ($2,500), or by
      both.
      BUSINESS AND PROFESSIONS CODE
      SECTION 17350-17351




      17350. With respect to contracts entered into on or after the
      effective date of this chapter, no financial institution shall enter
      into a contract which provides for reassignment.



      17351. For the purposes of this chapter:
      (a) "Financial institution" means a bank, savings and loan
      association, or credit union chartered under the laws of this state
      or the United States or any other person or organization making loans
      upon the security of real property.
      (b) "Reassignment" means the exercise of a contractual right of a
      financial institution which is the assignee of a contract which is
      subject to the provisions of the Unruh Act (Chapter 1 (commencing
      with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil
      Code) and which is secured by a mortgage as defined in Article 1
      (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of
      Division 3 of the Civil Code on real property to return the contract
      to the party assigning it to the financial institution, or to assign
      it to any other person, upon the default of one or more of the
      parties to the contract.
      BUSINESS AND PROFESSIONS CODE
      SECTION 17095-17096




      17095. Any person, who, either as director, officer or agent of any
      firm or corporation or as agent of any person, violating the
      provisions of this chapter, assists or aids, directly or indirectly,
      in such violation is responsible therefor equally with the person,
      firm or corporation for which he acts.



      17096. In any injunction proceeding against any person as officer,
      director or agent, it is sufficient to allege and prove the unlawful
      intent of the person, firm or corporation for which he acts.
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