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AR SB410

Bill

Status

Passed

4/1/2011

Primary Sponsor

Jonathan Dismang

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Amends Arkansas Code § 16-45-104 to establish specific requirements for affidavits used in account collection suits, including credit card and revolving credit accounts
  • Requires affidavits of account to be attached to complaints and include the names of the original creditor, creditor pursuing collection, and debtor obligated to pay
  • Mandates disclosure of whether the account has been assigned or is held by the original creditor, with the original creditor's name stated if the account has been assigned
  • Requires affidavits to include the affiant's job title or relationship to the creditor, familiarity with the creditor's books and records, the interest rate and its source, and the total amount due including interest at the time of execution
  • Maintains that an affidavit is sufficient to establish an account unless the defendant denies the correctness of the account under oath, in which case the plaintiff must prove the disputed portion by other evidence

Legislative Description

To Amend The Criteria For An Affidavit As To Correctness Of Account.

Last Action

Senate Notification that SB410 is now Act 992

4/1/2011

Committee Referrals

Judiciary3/21/2011
Judiciary2/22/2011

Full Bill Text

No bill text available