Cal. Code Regs. tit. 10 § 1850.8

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

Section 1850.8 - Appointment of Commissioner as Agent for Service of Process

(a) Applicants are required to complete, in accordance with subsections (b) and (c) of this section, the following Appointment of Commissioner of Financial Protection and Innovation as Agent for Service of Process form:

STATE OF CALIFORNIA - DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION

APPOINTMENT OF COMMISSIONER OF FINANCIAL PROTECTION AND INNOVATION AS AGENT FOR SERVICE OF PROCESS PURSUANT TO SECTION 100003 of the California Financial Code

State of California

Department of Financial Protection and Innovation

Debt Collection Licensing Program

________________________________________________________________

Name of debt collector, which is applying for a license under the Debt Collection Licensing Act (commencing with Section 100000 of the California Financial Code), hereinafter referred to as "Debt Collector," hereby irrevocably appoints the Commissioner of Financial Protection and Innovation of the State of California and his or her successor to be the Debt Collector's agent to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the Debt Collector, or any successor, executor, or administrator of the Debt Collector, which arises under the Debt Collection Licensing Act, or under any regulation or order issued under the Debt Collection Licensing Act, with the same force and validity as if served personally on the Debt Collector, or any successor, executor or administrator of the Debt Collector.

________________________________________________________________

Name of Debt Collector (Printed)

By:____________________________________________________________

(Signature)

Name of Signatory (Printed):____________________________________

Title of Signatory:_____________________________________________

Dated:__________________________________________________________

(b) The Appointment form in subsection (a) of this section must be signed by an individual with authority to sign on behalf of the debt collector.

(c) Applicants must file the completed and signed Appointment form with the Commissioner through NMLS.

(d) Service may be made by leaving a copy of the process at any office of the Commissioner. The party making service must do the following for service to be effective:

(1) Send notice of service and a copy of the process by registered or certified mail to the party served at its last address on file with the Commissioner; and

(2) File an affidavit of compliance with this subsection on or before the return date, if any, or within such further time as the court, in the case of a judicial proceeding, or the administrative agency, in the case of an administrative proceeding, allows.

Cal. Code Regs. Tit. 10, § 1850.8

Note: Authority cited: Section 100003, Financial Code. Reference: Sections 100003, 100005. 100006.3 and 100015, Financial Code.

1. New section filed 12-22-2021; operative 12/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.