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MN HF80

Bill

Status

Passed

5/24/2013

Primary Sponsor

Debra Hilstrom

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Establishes a six-year limitation period for actions based on consumer debt for personal, family, or household purposes, which is not revived by payment, bankruptcy discharge, or reaffirmation of the debt.

  • Requires parties seeking default judgments on assigned consumer debt to submit specific documentation including the original contract, proof of debt ownership, chain of assignment, and evidence the amount claimed is accurate.

  • Mandates that district court plaintiffs mail notice of intent to apply for default judgment to defendants at least 14 days before seeking judgment, using a standardized form that explains the lawsuit and defendant's right to respond.

  • Sets bail at $50 for the first contempt violation for failure to comply with judgment debtor disclosure requirements in consumer debt cases; subsequent violations allow courts to set bail after considering aggravating and mitigating factors.

  • Allows courts to enter administrative default judgments without a hearing if submitted evidence satisfies statutory requirements, or to hold a hearing at the court's discretion.

Legislative Description

Assigned consumer debt default judgments regulated, limitation period provided to bring an action arising out of consumer debt, and bail amount set for failure to comply with judgment debtor disclosure requirements in consumer debt cases.

Last Action

Secretary of State Chapter 104

5/24/2013

Committee Referrals

Rules and Administration5/7/2013
Rules and Legislative Administration4/11/2013
Judiciary Finance and Policy3/13/2013
Commerce and Consumer Protection Finance and Policy1/31/2013
Judiciary Finance and Policy1/14/2013

Full Bill Text

No bill text available