In a case involving consumer debt, as defined in Section 1788.2 of the Civil Code, and as regulated under Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code, if the defendant debtor appears for trial on the scheduled trial date, and the plaintiff debt buyer either fails to appear or is not prepared to proceed to trial, and the court does not find a good cause for continuance, the court may, in its discretion, dismiss the action with or without prejudice. Notwithstanding any other law, in this instance, the court may award the defendant debtor's costs of preparing for trial, including, but not limited to, lost wages and transportation expenses.
§ 581.5.Dismissal of Consumer Debt In Which Plaintiff Debt Buyer Fails to Appear Or Not Prepared to Proceed
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1. Judgment in General · Enacted 2013 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 581.5 lets a court dismiss a consumer debt collection action, with or without prejudice, when the individual defendant appears for trial but the plaintiff debt buyer fails to appear or isn't ready to proceed without good cause, and lets the court award the defendant's trial-preparation costs, including lost wages and transportation.
Full Text of § 581.5
Plain-English Summary
Consumer debt collection cases have a recurring pattern: an individual defendant shows up ready for trial, and the debt buyer who filed suit doesn't, or isn't prepared to go forward. This section gives courts discretion to respond to that imbalance directly, dismissing the action — with or without prejudice — when the debtor appears, the debt buyer plaintiff doesn't appear or isn't ready, and the court doesn't find good cause for a continuance.
It also lets the court shift some of the burden the defendant just carried back onto the plaintiff. The court may award the defendant's costs of preparing for trial, and the statute specifically calls out lost wages and transportation expenses as recoverable, regardless of what other law might otherwise allow.
Frequently Asked Questions
What triggers dismissal under § 581.5?
The individual defendant debtor appears for the scheduled trial, the plaintiff debt buyer either fails to appear or isn't prepared to proceed, and the court doesn't find good cause for a continuance.
Is dismissal under this section with or without prejudice?
The court has discretion to dismiss either with or without prejudice.
Can the defendant recover costs beyond the usual litigation costs?
Yes, § 581.5 lets the court award the defendant's costs of preparing for trial, including lost wages and transportation expenses, notwithstanding other law.
Amendment History
Added by Stats 2013 ch 64 (SB 233),s 3, eff. 1/1/2014.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: consumer debt buyer fails to appear californiadismissal debt collection case california