California attorney · CA Bar #279869

California debt defense attorney

I'm Sergei Tokmakov, a California attorney. If a debt collector is calling, suing, or threatening you in California, the Rosenthal Act (Civ. Code § 1788) and the federal FDCPA (15 U.S.C. § 1692) give you statutory damages up to $1,000 plus actual damages and attorney fees for violations. I draft the attorney letter that stops the calls, demands validation, and sets up the counterclaim posture.

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Cal. Civ. Code § 1788
Quick answer

California's Rosenthal Fair Debt Collection Practices Act (Civ. Code § 1788) and the federal FDCPA (15 U.S.C. § 1692) regulate debt collectors. Statutory damages up to $1,000 per violation under Rosenthal § 1788.30 plus actual damages and attorney fees; FDCPA § 1692k provides similar federal relief. Consumer debts on written contracts (credit cards, signed loans) have a four-year statute of limitations under CCP § 337; oral contracts run two years under CCP § 339. 15 U.S.C. § 1692g requires the collector to validate the debt on request, which most debt-buyer collectors cannot do. Attorney demand from $575.

Rosenthal Act
Civ. § 1788 fee-shift
FDCPA
15 U.S.C. § 1692 mirror
4-year SOL
On written contract
Fees
Mandatory to consumer

What I do for debt-defense matters

1

Invoke Rosenthal and FDCPA fee-shifting.

Civ. § 1788 (Rosenthal) and 15 U.S.C. § 1692 (FDCPA) both shift attorney fees to the consumer on prevailing. I invoke them in the response so the collector's economics flip.

Civ. § 1788 + FDCPA
2

Calendar the 4-year written-contract SOL.

Credit card debt typically runs on a 4-year SOL under CCP § 337. I screen the last activity date and the SOL bar so default-judgment exposure is contained.

CCP § 337
3

Demand chain-of-title and account-stated proof.

Most debt-buyer cases lack admissible chain-of-title evidence. I demand the assignment record, the account-stated proof, and the records-custodian declaration so the case starves out.

4

Negotiate or settle short.

Most debt-buyer cases resolve at settlement once the consumer counsels up. I negotiate the discount and lock the release language so the matter closes clean.

Why this calls for an attorney, not a self-drafted dispute

DIY / template

What a self-written letter misses

  • Lets the collector control the timeline
  • Misses Rosenthal Act and FDCPA fee-shifting
  • Cannot raise the four-year written-contract SOL
  • Walks into default judgment
Attorney letter

What the attorney letter does

  • Invokes Rosenthal and FDCPA against the collector
  • Calendars the CCP § 337 four-year SOL
  • Threatens the consumer fee-shift
  • Demands account-stated and chain-of-title proof

Once the consumer invokes Rosenthal and FDCPA fee-shifting, the collector's economics flip, the math is the point.

The controlling law

Cal. Civ. Code § 1788 et seq. (Rosenthal Fair Debt Collection Practices Act)

California's debt-collection statute

This authority is California's debt-collection statute. Critically, it applies to original creditors collecting their own debts as well as third-party collectors, which makes it broader than the federal FDCPA. Civ. Code § 1788.17 incorporates the FDCPA standards by reference, so any FDCPA violation is also a Rosenthal violation. Statutory damages under § 1788.30 are up to $1,000 per violation plus actual damages and attorney fees to the prevailing consumer.

15 U.S.C. § 1692 et seq. (Fair Debt Collection Practices Act)

The federal statute regulating third-party debt

This authority is the federal statute regulating third-party debt collectors. Section 1692g requires written validation notice within five days of initial communication and obligates the collector to cease collection until validation is provided when the consumer disputes within thirty days. Section 1692c regulates communication restrictions (hours, place of contact, third parties). Section 1692e prohibits false or misleading representations. Section 1692f prohibits unfair practices. Statutory damages under § 1692k are up to $1,000 per action plus actual damages and attorney fees.

Cal. Civ. Proc. Code § 337

A four-year statute of limitations on

This authority sets a four-year statute of limitations on actions on a written contract, which covers most credit-card and consumer-loan debt. Cal. Civ. Proc. Code § 339 sets a two-year limitations period on oral contracts and unwritten obligations. Once the SOL has run, the debt is time-barred; a partial payment can reset the clock under some California cases (Spear v. Farwell (1937) 19 Cal.App.2d 433 and successor cases), which makes any payment on old debt a trap. Threatening a lawsuit on a time-barred debt is itself a Rosenthal/FDCPA violation.

15 U.S.C. § 1681 et seq. (Fair Credit Reporting Act)

Regulates credit reporting

Regulates credit reporting. A debt collector that reports inaccurate or unverified debt, fails to mark a disputed debt as disputed, or continues to report after the debt has been disproven is exposed to FCRA actual damages, statutory damages, and attorney fees. California's CCRAA (Civ. Code § 1785.1) provides parallel state remedies.

Cal. Civ. Proc. Code § 473.5 + § 703.510

This authority are the post-judgment remedies

This authority are the post-judgment remedies. § 473.5 allows a motion to set aside a default judgment when the defendant did not receive actual notice; § 703.510 allows a claim of exemption to stop wage garnishment or bank levy on exempt funds. Both are time-sensitive and scoped separately from the demand-letter package.

The collector's exposure. A collector that called at work twice after notice not to ($2,000 in Rosenthal damages), used profanity ($1,000), threatened to garnish wages without a judgment ($1,000), reported inaccurate balance to credit bureaus ($1,000+ FCRA), and continued collection after a § 1692g dispute ($1,000 FDCPA): roughly $6,000 in statutory damages plus attorney fees, on a debt the collector may not even be able to validate. The attorney letter calculates this exposure and presents it as the settlement floor.

What clients send me

The strongest letter is built on documentation of the collector's communications. Before drafting, I ask for:

  • Every letter or written communication you have received from the collector (and from prior collectors on the same debt)
  • Phone records or call logs showing calls from the collector with date, time, and frequency
  • Voicemails saved as audio files or transcribed (especially any that include third-party disclosures or threats)
  • Any communications with the collector's representatives in person or in writing
  • The original credit-card agreement or loan documents if available
  • Account statements showing the date of last payment (for SOL calculation)
  • Credit reports showing how the debt is being reported (request free reports at annualcreditreport.com)
  • If a lawsuit has been filed: the complaint, summons, and any proof of service
  • If a default judgment was entered: the judgment, any garnishment or levy paperwork
  • A written timeline of communications: when calls happened, what was said, who was contacted

If records are incomplete, send what you have. I tell you what is missing and whether the gaps affect the letter before quoting.

What I send back

$575

What you get

  • A three-to-five-page attorney letter on Terms.Law / Sergei Tokmakov, Esq. letterhead with my CA Bar number
  • Validation request under 15 U.S.C. § 1692g
  • Citation to each Rosenthal Act and FDCPA violation with damages calculation
  • Statute-of-limitations analysis under CCP §§ 337 or 339
  • Cease-communication notice under § 1692c(c) where appropriate
  • Credit-reporting demand under FCRA / CCRAA where the debt is being reported
  • USPS certified mail delivery with signature requested, plus email delivery to the collector and registered agent
  • Three rounds of revisions before the letter goes out
  • Three negotiation responses after delivery
$1,200

What you get

  • Everything in the $575 package
  • A court-ready California Superior Court counterclaim under Rosenthal Act and FDCPA
  • Civil case cover sheet and summons drafted and formatted for the appropriate county
  • Damages prayer with statutory, actual, emotional-distress, attorney-fee, and cost requests
  • Used when a collection lawsuit has been filed or when violations support affirmative litigation

How the engagement runs

1
Send facts

Email a paragraph + key documents.

2
Identify theory

I map the facts to the CA statute.

3
Draft letter

Attorney letter on letterhead.

4
You approve

Two revision rounds included.

5
Send certified

USPS certified + email delivery.

6
Negotiate

Three negotiation responses included.

Choose your path

Start here if

Case memo

$349
  • You want a written legal evaluation first
  • You may refer to a contingency firm later
  • Statute or evidence questions are unsettled
Accept memo - $349
Most common

Attorney demand letter

$575
  • Single target, one letter, certified mail
  • Counterparty is responsive to attorney letterhead
  • No draft lawsuit needed yet
Accept letter - $575
Start here if

Demand + draft lawsuit

$1,200
  • Counterparty needs to see the lawsuit is real
  • Multiple claims or institutional defendant
  • You may file pro se after the demand
Accept package - $1,200

Pricing

Attorney Demand to Collector

$575 · flat fee
  • Attorney letter on CA Bar #279869 letterhead
  • § 1692g validation request
  • Rosenthal Act + FDCPA violation citations
  • SOL analysis under CCP § 337 / § 339
  • USPS certified mail + email delivery
  • Three revisions + three negotiation responses

Demand + Counterclaim Draft

$1,200 · flat fee
  • Everything in the $575 package
  • Court-ready Rosenthal/FDCPA counterclaim
  • Civil case cover sheet + summons
  • Statutory + actual + emotional-distress damages prayer
  • Used when collector has filed a lawsuit
  • Attorney fees + costs included in prayer

Note on default judgments and wage garnishment: If a default judgment has been entered against you or a wage garnishment is active, the urgency is high and the work is scoped separately. CCP § 473.5 motions to vacate default and CCP § 703.510 claims of exemption are time-sensitive. Email me with the judgment or garnishment paperwork and the scope will be quoted same day.

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Frequently asked questions

You
What is the Rosenthal Act?
S
The Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788 et seq.) is California's consumer-protection statute governing debt collectors. Unlike the federal FDCPA, the Rosenthal Act applies to original creditors collecting their own debts (not just third-party collectors), which makes it more powerful for California consumers. Violations include calls before 8 a.m. or after 9 p.m., contact at work after notice not to, third-party disclosures, abusive language, false representations of debt amount, and threats of legal action that cannot be taken. Statutory damages under § 1788.30 are up to $1,000 per violation plus actual damages and attorney fees.
You
How does the FDCPA work alongside Rosenthal?
S
The federal Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) applies to third-party debt collectors (not original creditors), with statutory damages up to $1,000 per action plus actual damages and attorney fees. Most California debt-collection matters trigger both statutes because the Rosenthal Act explicitly incorporates the FDCPA standards (Civ. Code § 1788.17). The two statutes can be enforced together; damages do not double-count but the combined statutory exposure plus attorney fees is meaningful settlement leverage.
You
What is the statute of limitations on California consumer debt?
S
CCP § 337 sets a four-year limitations period for actions on written contracts, which covers most credit-card and consumer-loan debt. CCP § 339 sets a two-year period for oral contracts and unwritten obligations. The clock runs from the date of breach (typically the date of the last payment for revolving credit). Once the SOL has run, the debt is "time-barred" and a lawsuit on it is defective; payment of any amount can reset the clock under some circumstances, which is why partial payments to old debts can be a trap. The Rosenthal Act and FDCPA prohibit collectors from threatening lawsuits they cannot bring.
You
What is a debt validation request?
S
15 U.S.C. § 1692g requires a debt collector to send a written notice within five days of initial communication stating the amount of the debt, the name of the original creditor, and the consumer's right to dispute the debt within thirty days. If the consumer disputes the debt within the thirty-day window, the collector must cease collection until it provides verification of the debt (typically a statement from the original creditor confirming the amount and authority to collect). Many debt-buyer collectors cannot validate because they bought the debt as part of a portfolio and lack the underlying account records. A validation request that the collector cannot answer often ends the collection effort.
You
Can debt collectors sue me without proof?
S
They can file, but the lawsuit must satisfy California pleading requirements and prove the underlying debt at trial. CCP § 98 and § 96 allow declarations and document evidence in limited circumstances, but a defendant who shows up and contests the case forces the collector to put on a witness who can authenticate the records. Most debt-buyer cases settle or get dismissed when the defendant contests because debt-buyers lack the original creditor's witness and document custody. "Sewer service" (knowingly false proof of service) is a real problem in California debt collection; the Rosenthal Act and FDCPA provide remedies and the defective service can support a motion to vacate default judgment under CCP § 473.5.
You
What's in the $575 demand letter to the collector?
S
An attorney letter to the debt collector on my letterhead citing the Rosenthal Act and FDCPA. The letter (1) demands debt validation under 15 U.S.C. § 1692g, (2) identifies specific Rosenthal/FDCPA violations in the collector's prior communications (calls outside permitted hours, contact at work, false statements, threats), (3) calculates the statutory-damages exposure (up to $1,000 per Rosenthal violation plus FDCPA damages), (4) issues a cease-communication notice under § 1692c(c) where appropriate, and (5) analyzes the underlying debt's statute of limitations under CCP §§ 337 or 339. Most collectors stop contact and re-evaluate when the attorney letter arrives.
You
What is in the $1,200 demand-plus-counterclaim package?
S
Everything in the $575 demand letter, plus a court-ready California Superior Court counterclaim drafted under the Rosenthal Act (Civ. Code § 1788.30) and the FDCPA (15 U.S.C. § 1692k). The counterclaim includes specific allegations for each violation, the statutory-damages calculation, a prayer for actual damages, emotional distress, attorney fees, and costs. Used when the collector has filed a collection lawsuit against you (the counterclaim turns the case around) or when the violations are serious enough to warrant affirmative litigation rather than just settlement.
You
What about credit-report violations?
S
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and the California Consumer Credit Reporting Agencies Act (Civ. Code § 1785.1 et seq.) regulate furnishers of credit information. A debt collector that reports inaccurate or unverified debt to the credit bureaus, fails to mark a disputed debt as disputed, or continues to report after the debt has been validated as inaccurate is exposed to FCRA actual damages, statutory damages, and attorney fees. Credit-reporting violations layer onto Rosenthal/FDCPA violations and the demand letter often includes the credit-reporting demand.
You
What if a default judgment was entered against me?
S
CCP § 473.5 allows a motion to set aside a default judgment when the defendant did not receive actual notice in time to defend. "Sewer service" (knowingly false proof of service) is a common basis for the motion. CCP § 473(b) allows discretionary relief within six months on mistake, inadvertence, surprise, or excusable neglect grounds. If a wage garnishment or bank levy has already started, the urgency goes up; a claim of exemption under CCP § 703.510 can stop the levy on exempt funds while the motion to vacate is pending. These cases are scoped separately and time-sensitive.
You
Should I pay an old debt I cannot afford?
S
Generally no, especially if the debt is past the four-year statute of limitations under CCP § 337. Time-barred debt remains owed but is unenforceable in court, and a partial payment can reset the limitations clock under some California cases. The collector cannot legally sue, garnish, or levy. The collector also cannot reaffirm the debt in writing without specific California-required disclosures. Before paying any old debt, send the validation request first; in many cases the collector cannot validate and the matter ends without payment. If validation is provided and the debt is genuinely owed, settlement at 20 to 40 cents on the dollar is common, with a written release before payment.

Debt collector harassing you? Let me send the letter.

Email me a short paragraph about who the collector is, what they are claiming, and the violations you have noticed. I'll respond same day with a scoped flat-fee quote.

Email owner@terms.law