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MO HB847
Bill
Status
3/12/2013
Primary Sponsor
Kimberly Gardner
Click for details
AI Summary
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Requires personal service of a summons (order to show cause) before a respondent can be incarcerated or detained for indirect civil contempt in debt collection cases.
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Limits initial contempt orders to a recognizance bond of no more than $500 or personal recognizance for consumer credit transactions involving vendor or lender creditors.
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Requires creditors to provide judgment debtors with an income and asset form at the time of summons, containing detailed information about employment, income, real property, accounts, and personal property to help determine nonexempt assets.
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Prohibits payment orders unless the income and asset form was served, the debtor had opportunity to assert exemptions, and payments are from nonexempt sources; requires dismissal if the debtor has no nonexempt income or assets.
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Prevents repeated summons of debtors unless the creditor has evidence that circumstances have changed, such as new debt, and sets contempt orders to expire one year after issue.
Legislative Description
Changes the laws regarding civil contempt for failure to appear for debt collection
Last Action
Referred: Judiciary(H)
3/28/2013