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AR SB410
Bill
Status
Passed
4/1/2011
Primary Sponsor
Jonathan Dismang
Click for details
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