Loading chat...
MN HF715
Bill
Status
2/20/2013
Primary Sponsor
Joe Mullery
Click for details
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