California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.6C.15 — Private Student Loan Collections Reform Act, Section 1788.207

Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a private education lender or a private education loan collector and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set aside the default or default judgment and for leave to defend the action utilizing the procedures set forth in Section 1788.61.

Notes

Allows a person who did not receive actual notice of a private-education-lender or collector lawsuit in time to defend it, and against whom a default or default judgment was entered, to move to set aside that default and obtain leave to defend. The motion uses the procedures specified in the referenced debt-collection provision notwithstanding the otherwise applicable civil-procedure rule.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1788.207 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-6c-15/section-1788-207

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