Legal Question in Credit and Debt Law in California

If a debtor gives a creditor an offer of performance per California Civil Code sections 1485-1505 and the creditor simply ignores an offer of performance made in good faith to pay the full amount of the debt, the law states that the debt is thereby discharged (1485). What recourse does a debtor have under California Civil Code or under the Uniform Commercial Code, should the creditor come back and 1. Continue to try to collect on the debt or 2. sue the debtor to collect the debt.


Asked on 10/20/11, 1:36 pm

2 Answers from Attorneys
Douglas A. Crowder Crowder Law Center

The recourse to (1) would be to tell the creditor to quit trying to collect, and if they continue to do so, file a suit against creditor. If they put bad mark on credit, there may be a potential lawsuit under the Fair Credit Reporting Act.

Re (2) if creditor sues, the offer of performance can be plead as an affirmative defense, and if you win at trial, you may be able to collect attorney fees as well.

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Answered on 10/20/11, 1:42 pm

If you failed to comply with section 1500, however, you will have no recourse and will lose if you are sued.

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Answered on 10/20/11, 5:03 pm


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