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AL SB29
Bill
Status
3/3/2015
Primary Sponsor
Linda Coleman-Madison
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AI Summary
SB29 - Family Financial Protection Act Summary
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Requires debt buyers and debt collectors to possess verified documentation before collecting, including proof of indebtedness, original creditor identity, debt date, and itemized fees; prohibits collection without copy of original contract or evidence of consumer liability.
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Establishes a uniform 3-year statute of limitations for consumer debt collection actions; makes statute non-waivable and extinguishes debt and collection rights after expiration.
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Mandates 30-day advance written notice before filing legal action; requires attached documentation at complaint including original contract, itemized accounting, and chain of ownership for debt buyers; restricts default judgments without proper notice and allows debtors extended time to set aside judgments.
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Provides broad exemptions from debt collection including household goods, motor vehicles ($10,000-$20,000), tools of trade, child support, public assistance, insurance proceeds, educational savings, and homestead property based on median house price; caps wage garnishment at 10-15% of disposable income.
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Prohibits certain consumer contract provisions including choice-of-law, forum selection, jury trial waivers, wage assignments, and waiver of consumer protections; limits creditor attorney's fees to 15% of debt and restricts post-judgment interest to federal Treasury yield rate.
Legislative Description
Consumer, collection of debts, exemptions
Consumers and Consumer Protection
Last Action
Read for the first time and referred to the Senate committee on Banking and Insurance
3/3/2015