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Abstract
A new form of domestic violence has emerged out of the modern proliferation of consumer lending: coerced debt. Although abusers use a wide range of tactics to coerce debt—from identity theft to forcing or tricking partners to sign loan documents—coerced debt invariably damages survivors’ credit scores. Damaged credit scores create barriers to financial stability for which existing remedies provide little relief. This Note examines California Family Code Section 6342.5, a recently enacted statute that allows survivors to request an order stating they are not responsible for debts coerced by their abuser. Survivors can then use such an order in conjunction with state identity theft laws to protect themselves from creditors. This Note argues that, while implementation of this statute signals lawmakers are making efforts to provide relief to victims of coerced debt, Family Code Section 6342.5 may ultimately prove ineffectual in the face of modern credit-granting and debt collection practices and California’s identity theft laws. Ultimately, coerced debt puts into stark relief the growing consequences of our increasingly automated and depersonalized credit system for survivors of domestic violence. California legislators must pass further legislation that recognizes the role of the credit system itself in facilitating coerced debt.