California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 2.9 — Creditor Remedies: Disability Insurance, Section 1812.405

This title shall not prohibit a creditor from invoking any creditor’s remedy as a result of a debtor’s nonpayment when due of any amount obtained under an open-end credit plan, as hereafter defined, after the debtor has given notice of a disability claim unless the nonpayment is related to a covered disability then affecting the debtor other than the disability previously claimed. The creditor’s termination of the open-end credit plan because the debtor does not meet the creditor’s customary credit standards at the time the debtor notifies the creditor of the disability claim is not a creditor’s remedy.

An “open-end credit plan” means credit extended by a creditor under a plan in which the creditor reasonably contemplates repeated transactions, the creditor may impose a finance charge from time to time on an outstanding unpaid balance, and the amount of credit that may be extended to the debtor during the term of the plan (up to any limit set by the creditor) is generally made available to the extent that any outstanding balance is repaid.

Notes

Allows a creditor to use remedies for nonpayment under an open-end credit plan after the debtor gives disability-claim notice, unless nonpayment relates to a covered disability then affecting the debtor other than the disability previously claimed. Terminating the plan because the debtor fails customary credit standards when giving disability notice is not treated as a creditor remedy.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1812.405 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-2-9/section-1812-405

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