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Senate Bill S5389A

2009-2010 Legislative Session

Sets forth requirements for non-recourse civil litigation advance contracts

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-S5389 - Details

See Assembly Version of this Bill:
A7891
Current Committee:
Assembly Codes
Law Section:
General Obligations Law
Laws Affected:
Add Art 5 Title 8 §5-801, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
A5410

2009-S5389 - Summary

Sets forth requirements for non-recourse civil litigation advance contracts; in writing, disclose amounts to be advanced to the consumer; itemization of one-time fees; total dollar amount to be repaid by the consumer to the company

2009-S5389 - Sponsor Memo

2009-S5389 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5389

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation  to  the  regu-
  lation of non-recourse civil litigation advance contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the general  obligations  law  is  amended  by
adding a new title 8 to read as follows:
                                 TITLE 8
             NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS

SECTION 5-801. NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS.
  S  5-801.  NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "NON-RECOURSE CIVIL LITIGATION ADVANCE"  MEANS  A  TRANSACTION  OR
AGREEMENT  WHEREIN  A COMPANY MAKES A PAYMENT OF MONEY TO A CONSUMER WHO
EITHER (I) HAS, IN THE MANNER PROVIDED BY LAW, COMMENCED A CIVIL  ACTION
OR PROCEEDING FOR MONEY DAMAGES BEFORE A COURT OF COMPETENT JURISDICTION
IN  THIS  STATE, OR (II) HAS A CAUSE OF ACTION WHICH COULD REASONABLY BE
ANTICIPATED TO RESULT IN MONEY DAMAGES BUT  HAS  NOT  YET  COMMENCED  AN
ACTION  OR  PROCEEDING  BEFORE A COURT OF COMPETENT JURISDICTION IN THIS
STATE, IN EXCHANGE FOR THE RIGHT TO RECEIVE AN AMOUNT FROM THE  PROCEEDS
OF ANY REALIZED SETTLEMENT, JUDGMENT, AWARD, OR VERDICT THE CONSUMER MAY
RECEIVE IN SUCH ACTION OR PROCEEDING.
  (B)  "COMPANY"  MEANS  ANY  PERSON,  PARTNERSHIP, CORPORATION OR OTHER
BUSINESS ENTITY THAT ENTERS INTO A NON-RECOURSE CIVIL LITIGATION ADVANCE
TRANSACTION CONTRACT WITH A CONSUMER.
  (C) "CONSUMER" MEANS A PERSON OR ENTITY RESIDING OR DOMICILED IN  THIS
STATE WHO IS BOTH (I) REPRESENTED BY AN ATTORNEY ADMITTED TO PRACTICE IN
THIS  STATE;  AND  (II)  EITHER  (1) HAS, IN THE MANNER PROVIDED BY LAW,
COMMENCED A CIVIL ACTION OR PROCEEDING FOR MONEY DAMAGES BEFORE A  COURT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11451-01-9
              

2009-S5389A (ACTIVE) - Details

See Assembly Version of this Bill:
A7891
Current Committee:
Assembly Codes
Law Section:
General Obligations Law
Laws Affected:
Add Art 5 Title 8 §5-801, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
A5410

2009-S5389A (ACTIVE) - Summary

Sets forth requirements for non-recourse civil litigation advance contracts; in writing, disclose amounts to be advanced to the consumer; itemization of one-time fees; total dollar amount to be repaid by the consumer to the company

2009-S5389A (ACTIVE) - Sponsor Memo

2009-S5389A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5389--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the general obligations law, in relation  to  the  regu-
  lation of non-recourse civil litigation advance contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the general  obligations  law  is  amended  by
adding a new title 8 to read as follows:
                                 TITLE 8
             NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS
SECTION 5-801. NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS.
  S  5-801.  NON-RECOURSE CIVIL LITIGATION ADVANCE CONTRACTS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "NON-RECOURSE CIVIL LITIGATION ADVANCE"  MEANS  A  TRANSACTION  OR
AGREEMENT  WHEREIN  A COMPANY MAKES A PAYMENT OF MONEY TO A CONSUMER WHO
EITHER HAS COMMENCED IN THE MANNER PROVIDED BY LAW, OR  MAY  COMMENCE  A
CIVIL ACTION OR PROCEEDING FOR MONEY DAMAGES BEFORE A COURT OF COMPETENT
JURISDICTION  IN THIS STATE, IN EXCHANGE FOR THE RIGHT TO COLLECT MONIES
DUE PURSUANT TO THE TERMS OF THE CONTRACT BETWEEN THE CONSUMER  AND  THE
COMPANY.
  (B)  "COMPANY"  MEANS  ANY  PERSON,  PARTNERSHIP, CORPORATION OR OTHER
BUSINESS ENTITY  WHICH  ENTERS  INTO  A  NON-RECOURSE  CIVIL  LITIGATION
ADVANCE TRANSACTION CONTRACT WITH A CONSUMER.
  (C) "CONSUMER" MEANS A PERSON OR ENTITY WHO IS BOTH (I) REPRESENTED BY
AN  ATTORNEY  ADMITTED  TO  PRACTICE  IN  THIS  STATE AT THE TIME OF ANY
CONTRACT ENTERED INTO WITH A COMPANY; AND (II)  HAS  COMMENCED,  IN  THE
MANNER PROVIDED BY LAW, OR MAY COMMENCE A CIVIL ACTION OR PROCEEDING FOR
MONEY DAMAGES BEFORE A COURT OF COMPETENT JURISDICTION IN THIS STATE, IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11451-03-0
              

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