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MS HB807

Bill

Status

Failed

3/2/2010

Primary Sponsor

Bryant Clark

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Identity theft victims may send a certified letter to a creditor requesting release from all debt obligations incurred through the theft and removal of the debt from their credit history with all identified credit reporting bureaus
  • If the creditor fails to forgive the debt and contact credit bureaus within 60 days of receiving the certified letter, the victim may petition the chancery court in their county of residence or where the debt was incurred
  • The victim must file a sworn petition affirming they did not incur or consent to the debt, had no knowledge of it at the time, filed a formal complaint with law enforcement, and received no financial benefit from the debt
  • Upon satisfactory showing, the court shall order the creditor to release the victim from all debt obligations and authorize the victim to report the release to credit bureaus for removal from their credit history
  • The creditor is not required to file an answer in order for the petitioner's claim to be heard, and the effective date is July 1, 2010

Legislative Description

Identity theft; establish procedure for victim to have debt forgiven and credit reports purged.

Last Action

Died In Committee

3/2/2010

Full Bill Text

No bill text available