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Section 5611 Of Chapter 9. Private Child Support Collectors From California Family Law Code >> Division 9. >> Part 5. >> Chapter 9.
5611
. (a) Any contract for the collection of child support between
a private child support collector and an obligee shall be in writing
and written in simple language, in at least 10-point type, signed by
the private child support collector and the obligee. The contract
shall be delivered to the obligee in a paper form that the obligee
may retain for his or her records. The contract shall include all of
the following:
(1) An explanation of the fees imposed by contract and otherwise permitted by law and an example of how they are calculated and deducted.
(2) A statement that the amount of fees to be charged is set by the agency and is not set by state law.
(3) A statement that the private child support collector cannot charge fees on current support if the obligee received any current child support during the 6 months preceding execution of the contract with the private collector.
(4) An explanation of the nature of the services to be provided.
(5) The expected duration of the contract, stated as a length of time or as an amount to be collected by the collection agency.
(6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates.
(7) The mailing address, street address, telephone numbers, facsimile numbers, and Internet address or location of the private child support collector.
(8) A statement that the private child support collector is not a governmental entity and that governmental entities in California provide child support collection and enforcement services free of charge.
(9) A statement that the private child support collector collects only money owed to the obligee and not support assigned to the state or county due to the receipt of CalWORKs or Temporary Assistance to Needy Families.
(10) A statement that the private child support collector will not retain fees from collections that are primarily attributable to the actions of a governmental entity or any other person or entity and is required by law to refund any fees improperly retained.
(11) A statement that the obligee may continue to receive, or may pursue, services through a governmental entity to collect support, and the private child support collection agency will not require or request that the obligee cease or refrain from engaging those services.
(12) A notice that the private child support collector is required to keep and maintain case records for a period of four years and four months, after the expiration of the contract and may thereafter destroy or otherwise dispose of the records. The obligee may, prior to destruction or disposal, retrieve those portions of the records that are not confidential.
(13) A "Notice of Cancellation," which shall be included with the contract and which shall contain, in the same size font as the contract, the following statement, written in the same language as the contract:
(1) An explanation of the fees imposed by contract and otherwise permitted by law and an example of how they are calculated and deducted.
(2) A statement that the amount of fees to be charged is set by the agency and is not set by state law.
(3) A statement that the private child support collector cannot charge fees on current support if the obligee received any current child support during the 6 months preceding execution of the contract with the private collector.
(4) An explanation of the nature of the services to be provided.
(5) The expected duration of the contract, stated as a length of time or as an amount to be collected by the collection agency.
(6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates.
(7) The mailing address, street address, telephone numbers, facsimile numbers, and Internet address or location of the private child support collector.
(8) A statement that the private child support collector is not a governmental entity and that governmental entities in California provide child support collection and enforcement services free of charge.
(9) A statement that the private child support collector collects only money owed to the obligee and not support assigned to the state or county due to the receipt of CalWORKs or Temporary Assistance to Needy Families.
(10) A statement that the private child support collector will not retain fees from collections that are primarily attributable to the actions of a governmental entity or any other person or entity and is required by law to refund any fees improperly retained.
(11) A statement that the obligee may continue to receive, or may pursue, services through a governmental entity to collect support, and the private child support collection agency will not require or request that the obligee cease or refrain from engaging those services.
(12) A notice that the private child support collector is required to keep and maintain case records for a period of four years and four months, after the expiration of the contract and may thereafter destroy or otherwise dispose of the records. The obligee may, prior to destruction or disposal, retrieve those portions of the records that are not confidential.
(13) A "Notice of Cancellation," which shall be included with the contract and which shall contain, in the same size font as the contract, the following statement, written in the same language as the contract:
