§ 425.30.Use of Common Counts Prohibited to Recover Consumer Debt

Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 1. General Provisions · Enacted 2023 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 425.30 bars using common counts to collect a consumer debt incurred on or after July 1, 2024, listing seven examples of prohibited common counts and requiring debt buyers to comply with additional Civil Code disclosure and pleading obligations.

Full Text of § 425.30

Text sizeJump to: (a) (b) (c)

(a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a "common count" includes, but is not limited to, a claim for recovery of any of the following:

(1) An open book account for money due.

(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

(3) Money had and received by defendant for the use and benefit of plaintiff.

(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.

(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.

(6) Money lent by plaintiff to defendant at defendant's request.

(7) Money paid out, laid out, and expended to or for defendant at defendant's special instance and request.

(b) For purposes of this section, "consumer debt" means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract.

(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.

End

Plain-English Summary

Section 425.30 targets a pleading shortcut long used in debt-collection cases: the common count, a bare-bones claim format (an open book account, an account stated, money had and received, and similar formulas) that lets a plaintiff recover a debt without pleading the underlying transaction's specifics. Subdivision (a) bars common counts entirely in an action to collect consumer debt, and lists seven examples the term covers, from an open book account to money lent at the defendant's request.

Subdivision (b) limits the prohibition to consumer debt incurred on or after July 1, 2024 — an obligation arising from a transaction where the money, property, insurance, or services were primarily for personal, family, or household purposes, and where the obligation appears on the face of a note or in a written contract. Debts predating that threshold, or debts outside the personal/family/household category, fall outside this bar.

Subdivision (c) adds a further layer for debt buyers, defined by cross-reference to Civil Code § 1788.50: an action under this section by a debt buyer must also comply with Civil Code § 1788.58 and the rest of the Fair Debt Buying Practices Act (Civil Code Title 1.6C.5, beginning at § 1788.50), which imposes its own documentation and disclosure requirements.

Frequently Asked Questions

Can a debt collector still sue using a common count in California?

Not for consumer debt covered by this section. Section 425.30(a) prohibits using common counts to collect consumer debt, listing examples such as an open book account, an account stated, and money had and received.

Does § 425.30 apply to every consumer debt?

No. Section 425.30(b) limits the prohibition to consumer debt incurred on or after July 1, 2024, arising from a transaction primarily for personal, family, or household purposes, where the obligation appears on the face of a note or in a written contract.

Are debt buyers subject to any additional requirements under this section?

Yes. Section 425.30(c) requires a debt buyer, as defined in Civil Code § 1788.50, to also comply with Civil Code § 1788.58 and the remaining provisions of the Fair Debt Buying Practices Act.

Amendment History

Added by Stats 2023 ch 688 (AB 1414),s 2, eff. 1/1/2024.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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