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MN HF715

Bill

Status

Introduced

2/20/2013

Primary Sponsor

Joe Mullery

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Requires notice at least 30 days before commencing a lawsuit or arbitration to collect purchased debt, including the debt owner's contact information, proof of ownership, original creditor name, account number, contract copy, itemized accounting, and a statutory warning about dispute rights and statute of limitations.

  • Prohibits collection actions during the 30-day notice period, if the debtor disputes the debt in writing until the collector investigates and responds to each dispute reason, or if the statute of limitations has expired.

  • Requires collectors to attach to the summons and complaint a chain of ownership documentation, the original debt contract with defendant's signature (or affidavit if none exists), and an affidavit stating the last payment date and amount.

  • Requires default judgment filers to submit authenticated business records, original account number, original creditor, original debt amount, itemized charges and fees, charge-off balance or calculation explanation, postcharge-off additions, last payment date, payment history, and interest basis.

  • Imposes statutory damages of $2,500 for notice violations and $5,000 for documentation violations, plus actual damages, attorney fees, and $5,000 civil fines for false affidavits; allows declaratory judgments and injunctive relief for violations.

Legislative Description

Notice and other actions required before a civil action or arbitration proceeding to collect a purchased debt may be commenced.

Last Action

Introduction and first reading, referred to Civil Law

2/20/2013

Committee Referrals

Civil Law2/20/2013

Full Bill Text

No bill text available