NY State Senate Bill 2017-S8959A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2018	print number 8959a
Jun 11, 2018	amend and recommit to rules
Jun 07, 2018	referred to rules

Bill Amendments

Original

A (Active)

2017-S8959 - Details

See Assembly Version of this Bill:: A1752
Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§213, 3012 & 3215, RR3016 & 3211, add §§214-g, 306-d & 7516, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: A2678
2015-2016: A3877, A4438
2019-2020: S691, S4827, A6909, A10795
2021-2022: S153, A2382

2017-S8959 - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2017-S8959 - Sponsor Memo

                                
 
BILL NUMBER: S8959

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to consumer credit transactions

 
PURPOSE OF BILL:

This bill would strengthen consumer protections in consumer debt
collection proceedings.

 
SUMMARY OF PROVISIONS OF BILL:

The bill would require that the complaint in consumer credit actions
provide the name of the original creditor, the last four digits of the
original account number, the date and amount of the last payment, a
chain of title of the account, and a breakdown of the amount that the
plaintiff seeks to collect. The bill also requires that a copy of the
contract be attached to the complaint.

The bill would reduce the statute of limitations on consumer credit

actions from six years to three years. The bill would also bar debt
collectors from collecting debts on which the statute of limitations has
expired.

It would require that an additional notice of a pending consumer credit
action be mailed to the defendant by the clerk of the court.  This is
required in New York City and the bill would adopt this requirement
statewide.

The bill would permit defendants in consumer credit actions to raise
improper service as a defense in their answer and preserve that defense
for trial without having to file a separate motion to dismiss within 60
days as under current law.

To prevent the entry of default judgments on claims which have no merit,
the bill would require applications for default judgments in consumer
credit actions to include specific pleading requirements.  These include
an affidavit by the original creditor of the facts constituting the
debt, the default in payment, the sale or assignment of the debt, and
the amount due at the time of sale or assignment; (ii) for each subse-
quent assignment or sale of the debt to another entity, an affidavit of
sale of the debt by the debt seller, completed by the seller or assig-
nor; and (iii) an affidavit of a witness of the plaintiff, which
includes a chain of title of the debt, completed by the plaintiff or
plaintiffs witness. The bill will also require that applications for
default judgments in consumer credit actions to include a statement that
after reasonable inquiry, the creditor has reason to believe that the
statute of limitations has not expired.

 
JUSTIFICATION:

There have been serious concerns reported about the growing problem of
abusive debt collection practices including filing suit on debts-that
are too old to be sued on, are a result of identity theft or are debts
that have been paid or otherwise discharged. Other reported concerns
include lack of notice to the defendant of the law suit resulting in a
default judgment against the defendant without a requirement to produce
proof of the debt sued on.
Abusive debt collection lawsuits exploit current gaps in our state's
civil procedure laws and rules. The proposed legislation helps to fill
those gaps. In doing so, this legislation will protect all consumers,
and will particularly help ameliorate some of the forms of economic
abuse, including identity theft, suffered by domestic violence victims
at the hands of their abusers.

At a hearing on economic abuse as a form of domestic abuse, held on
December 5, 2012, by the New York State Assembly Committees on Judiciary
and Codes, civil legal service providers, domestic violence prevention
advocates and the Office of Court Administration highlighted the insid-
ious and pervasive nature of various forms of economic abuse perpetrated
by abusers in the family violence context to exercise power and control
over their victims and their finances.  The types of abuse cited
included incurring debt in the survivor's name through false statements
or coercion, perpetrating identity theft or otherwise incurring debt
without the survivor's knowledge.  Witnesses at the hearing cited this
legislation as important and helpful to ameliorating economic abuse
suffered by domestic abuse survivors.

This legislation requires statewide institution of additional notice
requirements that are presently in place in New York City. There is a
significant and documented problem with faulty service that results in
default judgments with serious life-altering ramifications.  Without
notice, defendants do not appear in court, and debt buyers easily obtain
default judgments. These judgments are enforced by freezing people's
bank accounts and garnishing their wages, hampering their ability to
then pay for basic necessities such as food, utilities, medication and
housing. These judgments appear on people's credit reports, making it
close to impossible for them to secure housing or employment, or to take
out a loan. The provisions of this bill would protect all consumers and
domestic abuse survivors in particular, by ensuring that New Yorker's
receive actual notice of debt collection actions.

To ensure that default judgment applications in debt collection lawsuits
are evaluated on the merits, this bill also requires court papers to
include more information about the debt sued upon. This would ensure
that all New Yorkers will be better able to identify the debt or account
on which they are being sued. There are many debts that result from
identity theft or mistaken identity and, in other situations the defend-
ant may not recognize the debt as theirs from the minimal information
provided on the initial filing of legal papers and may therefore not
respond. We learned from the hearing on economic abuse as a form of
domestic abuse, that this legislation will be particularly important for
domestic violence survivors as it will help them identify the debt and
assert defenses in cases involving debts they did not voluntarily incur
but that were incurred by their abusers in the survivor's name.

This legislation will reduce the statute of limitations for consumer
credit actions from six to three years. Reducing the statute of limita-
tions requires creditors to file their claims while memories are fresh
and records are still available. States with three year statutes of
limitation include: Arizona, Arkansas, Delaware, Kansas, Louisiana,
Maryland, Mississippi, Montana, and the District of Columbia. Pennsylva-
nia has a two-year statute of limitation, In response to the now common
practice of selling time-barred debt this bill would also extinguish the
right to collect the debt after the statute of limitation has expired.
States with similar requirements include Wisconsin and Mississippi. Debt
collection actions are rife with poor service and default judgments that
are obtained after the statute of limitations have expired. To address
this problem, the bill will require that applications for default judg-
ments in consumer credit actions include a statement that the creditor
has reason to believe that the statute of limitations has not expired
and it will protect defendants from unknowingly waiving the legitimate
defense that a debt is past the statute of limitations or that they were
improperly served.

This legislation will benefit all consumers and for domestic violence
survivors, it will go a long way toward helping break the perfect cycle
of violence and domestic abuse that enables perpetrators of domestic
abuse to exercise control over their victims and their finances in a
manner that prevents the victim from leaving a dangerous relationship or
forces them to return to it.

 
LEGISLATIVE HISTORY:

2017-18; A.1752 - Assembly Calendar
2015-16; A.4438 - Assembly Calendar
2013-14; A.2678/S.2454 - Passed Assembly/S. Judiciary
2011-12; A.633/S.677-A- Assembly Calendar/S. Judiciary
2010; A.7558-A/S.4398-A - Passed Assembly/S. Finance
2009; A.7558-A/S.4398-A - Passed Assembly/S. Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
January 1, after becoming law. Section three of the bill, which shortens
the statute of limitations, will take effect 150 days after becoming
law.

2017-S8959 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8959
 
                             I N  S E N A T E
 
                               June 7, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to consum-
   er credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Subdivision 2 of section 213 of the civil practice law and rules,
 as amended by chapter 709 of the laws of 1988, is  amended  to  read  as
 follows:
   2.  an  action  upon a contractual obligation or liability, express or
 implied, except as provided in section two  hundred  thirteen-a  OR  TWO
 HUNDRED  FOURTEEN-G  of this article or article 2 of the uniform commer-
 cial code or article 36-B of the general business law;
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g to read as follows:
   §  214-G.  CERTAIN ACTIONS ARISING OUT OF CONSUMER CREDIT TRANSACTIONS
 TO BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A  CONSUMER
 CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A DEFENDANT
 MUST BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION  TWO
 HUNDRED  THIRTEEN-A  OF THIS ARTICLE OR ARTICLE 2 OF THE UNIFORM COMMER-
 CIAL CODE OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN  THE  PERIOD
 WITHIN  WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS EXPIRED,
 THE RIGHT TO COLLECT CONSUMER CREDIT DEBT IS EXTINGUISHED AS WELL AS THE
 REMEDY.
   FOR PURPOSES OF THIS SECTION, "THE RIGHT TO  COLLECT  CONSUMER  CREDIT
 DEBT" SHALL MEAN ANY ATTEMPTS BY THE CREDITOR, THIRD PARTY PURCHASER, OR
 OTHER  AUTHORIZED  THIRD  PARTY  TO COLLECT SUCH DEBT INCLUDING, BUT NOT
 LIMITED TO, CALLS, MAIL OR OTHER ATTEMPTS TO COLLECT.
   § 4. The civil practice law and rules  is  amended  by  adding  a  new
 section 306-d to read as follows:
   §  306-D.  ADDITIONAL  MAILING OF NOTICE IN AN ACTION ARISING OUT OF A
 CONSUMER CREDIT TRANSACTION. (A) AT THE TIME OF FILING WITH THE CLERK OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02851-03-8

 S. 8959                             2
 
 THE PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IN AN  ACTION  ARISING
 OUT  OF A CONSUMER CREDIT TRANSACTION, THE PLAINTIFF SHALL SUBMIT TO THE
 CLERK A STAMPED UNSEALED ENVELOPE ADDRESSED TO  THE  DEFENDANT  TOGETHER
 WITH  A  WRITTEN  NOTICE  IN  CLEAR TYPE OF NO LESS THAN TWELVE-POINT IN
 SIZE,  IN  BOTH  ENGLISH  AND  SPANISH,  AND  CONTAINING  THE  FOLLOWING
 LANGUAGE:
                       ADDITIONAL NOTICE OF LAWSUIT
 
 (NAME OF COURT)
 (COUNTY)
 (STREET ADDRESS, ROOM NUMBER)
 (CITY, STATE, ZIP CODE)
 
 (NAME OF DEFENDANT)
 (ADDRESS OF DEFENDANT)
 
 PLAINTIFF:__________________________________
 DEFENDANT:__________________________________
 NAME OF ORIGINAL CREDITOR, UNLESS SAME:______________________________
 INDEX NUMBER:_______________________________
 
 ATTENTION:  A  LAWSUIT  HAS BEEN FILED AGAINST YOU CLAIMING THAT YOU OWE
 MONEY FOR AN UNPAID CONSUMER DEBT.
 YOU SHOULD GO TO THE COURT CLERK'S OFFICE AT THE ABOVE ADDRESS  AS  SOON
 AS POSSIBLE TO RESPOND TO THE LAWSUIT. YOU MAY WISH TO CONTACT AN ATTOR-
 NEY.
 IF  YOU DO NOT RESPOND TO THE LAWSUIT, THE COURT MAY ENTER A MONEY JUDG-
 MENT AGAINST YOU. ONCE ENTERED, A JUDGMENT  IS  GOOD  AND  CAN  BE  USED
 AGAINST  YOU  FOR  TWENTY  YEARS,  AND YOUR PERSONAL PROPERTY AND MONEY,
 INCLUDING A PORTION OF YOUR PAYCHECK AND/OR BANK ACCOUNT, MAY  BE  TAKEN
 FROM YOU.  ALSO, A JUDGMENT WILL AFFECT YOUR CREDIT SCORE AND CAN AFFECT
 YOUR ABILITY TO RENT A HOME, FIND A JOB, OR TAKE OUT A LOAN.
 YOU CANNOT BE ARRESTED OR SENT TO JAIL FOR OWING A DEBT.
 IT  IS IMPORTANT THAT YOU GO TO THE COURT CLERK'S OFFICE LISTED ABOVE AS
 SOON AS POSSIBLE. YOU SHOULD BRING THIS NOTICE AND ANY LEGAL PAPERS  YOU
 MAY  HAVE  RECEIVED.    ADDITIONAL INFORMATION CAN BE FOUND AT THE COURT
 SYSTEM WEBSITE AT:  WWW.NYCOURTS.GOV
   (B) THE FACE OF THE ENVELOPE SHALL BE ADDRESSED TO  THE  DEFENDANT  AT
 THE  ADDRESS  AT WHICH PROCESS WAS SERVED, AND SHALL CONTAIN THE DEFEND-
 ANT'S NAME, ADDRESS (INCLUDING APARTMENT NUMBER) AND ZIP CODE. THE  FACE
 OF  THE  ENVELOPE ALSO SHALL STATE THE APPROPRIATE CLERK'S OFFICE AS ITS
 RETURN ADDRESS.
   (C) THE CLERK PROMPTLY  SHALL  MAIL  TO  THE  DEFENDANT  THE  ENVELOPE
 CONTAINING  THE  ADDITIONAL  NOTICE SET FORTH IN SUBDIVISION (A) OF THIS
 SECTION. NO DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO  ANSWER
 SHALL BE ENTERED UNLESS THERE HAS BEEN COMPLIANCE WITH THIS SECTION, AND
 AT LEAST TWENTY DAYS HAVE ELAPSED FROM THE DATE OF MAILING BY THE CLERK.
 NO  DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO ANSWER SHALL BE
 ENTERED IF THE ADDITIONAL NOTICE IS RETURNED TO THE COURT AS UNDELIVERA-
 BLE. RECEIPT OF THE ADDITIONAL NOTICE BY THE DEFENDANT DOES  NOT  CONFER
 JURISDICTION ON THE COURT IN THE ABSENCE OF PROPER SERVICE OF PROCESS.
   §  5.  Subdivision  (a)  of section 3012 of the civil practice law and
 rules is amended to read as follows:
   (a) Service of  pleadings.  The  complaint  may  be  served  with  the
 summons, EXCEPT THAT IN AN ACTION ARISING OUT OF A CONSUMER CREDIT TRAN-
 SACTION,  THE  COMPLAINT  SHALL BE SERVED WITH THE SUMMONS. A subsequent

 S. 8959                             3
 
 pleading asserting new or additional claims for relief shall  be  served
 upon  a party who has not appeared in the manner provided for service of
 a summons. In any other case, a pleading shall be served in  the  manner
 provided  for service of papers generally. Service of an answer or reply
 shall be made within twenty days after service of the pleading to  which
 it responds.
   §  6.    Rule  3016  of the civil practice law and rules is amended by
 adding a new subdivision (j) to read as follows:
   (J) CONSUMER CREDIT TRANSACTIONS.  IN  AN  ACTION  ARISING  OUT  OF  A
 CONSUMER  CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A
 DEFENDANT, THE CONTRACT OR OTHER WRITTEN INSTRUMENT ON WHICH THE  ACTION
 IS  BASED  SHALL BE ATTACHED TO THE COMPLAINT AND THE FOLLOWING INFORMA-
 TION SHALL BE SET FORTH IN THE COMPLAINT:
   1. THE NAME OF THE ORIGINAL CREDITOR;
   2. THE LAST FOUR DIGITS OF THE ORIGINAL ACCOUNT NUMBER;
   3. THE DATE AND AMOUNT OF THE LAST PAYMENT;
   4. IF THE COMPLAINT CONTAINS A CAUSE OF ACTION  BASED  ON  AN  ACCOUNT
 STATED,  THE  DATE THAT THE FINAL STATEMENT OF ACCOUNT WAS MAILED TO THE
 DEFENDANT;
   5. AN ITEMIZATION OF THE AMOUNT SOUGHT, BY (I) PRINCIPAL; (II) FINANCE
 CHARGE OR CHARGES; (III) FEES IMPOSED BY  THE  ORIGINAL  CREDITOR;  (IV)
 COLLECTION  COSTS;  (V)  ATTORNEY'S  FEES;  (VI) INTEREST; AND (VII) ANY
 OTHER FEES AND CHARGES. THE TERM "FINANCE CHARGE" MEANS A FINANCE CHARGE
 AS DEFINED IN REGULATION Z, 12 C.F.R. § 226.4;
   6. WHETHER THE PLAINTIFF IS THE ORIGINAL CREDITOR. IF THE PLAINTIFF IS
 NOT THE ORIGINAL CREDITOR, THE COMPLAINT SHALL ALSO STATE (I)  THE  DATE
 ON  WHICH  THE DEBT WAS SOLD OR ASSIGNED TO THE PLAINTIFF; (II) THE NAME
 OF EACH PREVIOUS OWNER OF THE ACCOUNT AND THE DATE ON WHICH THE DEBT WAS
 ASSIGNED TO THAT OWNER; AND (III) THE AMOUNT DUE AT THE TIME OF THE SALE
 OR ASSIGNMENT OF THE DEBT BY THE ORIGINAL CREDITOR; AND
   7. ANY MATTERS REQUIRED TO BE STATED WITH  PARTICULARITY  PURSUANT  TO
 RULE 3015 OF THIS ARTICLE.
   § 7. Subdivision (e) of rule 3211 of the civil practice law and rules,
 as  amended  by  chapter  616 of the laws of 2005, is amended to read as
 follows:
   (e) Number, time and waiver of objections; motion to  plead  over.  At
 any  time before service of the responsive pleading is required, a party
 may move on one or more of the grounds set forth in subdivision  (a)  OF
 THIS  RULE,  and  no  more  than one such motion shall be permitted. Any
 objection or defense based upon a ground set forth  in  paragraphs  one,
 three,  four,  five  and  six  of subdivision (a) OF THIS RULE is waived
 unless raised either by such motion or in  the  responsive  pleading.  A
 motion  based  upon a ground specified in paragraph two, seven or ten of
 subdivision (a) OF THIS RULE may be made at any subsequent time or in  a
 later  pleading, if one is permitted; IN ANY ACTION OTHER THAN AN ACTION
 ARISING OUT OF A CONSUMER CREDIT TRANSACTION WHERE A PURCHASER, BORROWER
 OR DEBTOR IS A DEFENDANT, an objection that the summons  and  complaint,
 summons with notice, or notice of petition and petition was not properly
 served  is waived if, having raised such an objection in a pleading, the
 objecting party does not move for judgment on that ground  within  sixty
 days  after serving the pleading, unless the court extends the time upon
 the ground of undue hardship. The foregoing sentence shall not apply  in
 any  proceeding  under  subdivision  one or two of section seven hundred
 eleven of the real property actions and proceedings law. The  papers  in
 opposition to a motion based on improper service shall contain a copy of
 the  proof  of  service,  whether  or not previously filed. An objection

 S. 8959                             4
 
 based upon a ground specified in paragraph eight or nine of  subdivision
 (a)  OF  THIS  RULE is waived if a party moves on any of the grounds set
 forth in subdivision (a) OF THIS RULE without raising such objection  or
 if,  having  made no objection under subdivision (a) OF THIS RULE, he or
 she does not raise such objection in the responsive pleading.
   § 8. Subdivision (f) of section 3215 of the  civil  practice  law  and
 rules,  as  amended by chapter 453 of the laws of 2006, is amended and a
 new subdivision (j) is added to read as follows:
   (f) Proof. On any application for judgment by default,  the  applicant
 shall  file  proof  of  service  of  the summons and the complaint, or a
 summons and notice served pursuant to subdivision (b)  of  rule  305  or
 subdivision  (a)  of  rule  316  of this chapter, and proof of the facts
 constituting the claim, the default and the amount due by affidavit made
 by the party, or where the state of New York is the plaintiff, by  affi-
 davit  made  by  an attorney from the office of the attorney general who
 has or obtains knowledge of such facts through review of  state  records
 or otherwise. Where a verified complaint has been served, it may be used
 as the affidavit of the facts constituting the claim and the amount due;
 in  such case, an affidavit as to the default shall be made by the party
 or the party's attorney. IN AN ACTION ARISING OUT OF A  CONSUMER  CREDIT
 TRANSACTION,  IF  THE PLAINTIFF IS NOT THE ORIGINAL CREDITOR, THE APPLI-
 CANT SHALL INCLUDE: (1) AN AFFIDAVIT BY THE  ORIGINAL  CREDITOR  OF  THE
 FACTS CONSTITUTING THE DEBT, THE DEFAULT IN PAYMENT, THE SALE OR ASSIGN-
 MENT  OF THE DEBT, AND THE AMOUNT DUE AT THE TIME OF SALE OR ASSIGNMENT;
 (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE DEBT TO ANOTHER  ENTI-
 TY,  AN  AFFIDAVIT  OF SALE OF THE DEBT BY THE DEBT SELLER, COMPLETED BY
 THE SELLER OR ASSIGNOR; AND (3) AN AFFIDAVIT OF A WITNESS OF THE  PLAIN-
 TIFF,  WHICH  INCLUDES  A  CHAIN  OF TITLE OF THE DEBT, COMPLETED BY THE
 PLAINTIFF OR PLAINTIFF'S WITNESS.  When  jurisdiction  is  based  on  an
 attachment  of  property,  the  affidavit  must  state  that an order of
 attachment granted in the action has been levied on the property of  the
 defendant,  describe  the property and state its value. Proof of mailing
 the notice required by subdivision (g) of this section,  where  applica-
 ble, shall also be filed.
   (J)  A  REQUEST  FOR  A DEFAULT JUDGMENT ENTERED BY THE CLERK, MUST BE
 ACCOMPANIED BY AN AFFIDAVIT BY THE DEBT COLLECTOR (WHO MAY BE THE PLAIN-
 TIFF OR PLAINTIFF'S ATTORNEY) STATING THAT AFTER REASONABLE INQUIRY,  HE
 OR  SHE  HAS  REASON  TO BELIEVE THAT THE STATUTE OF LIMITATIONS HAS NOT
 EXPIRED.
   § 9. The civil practice law and rules  is  amended  by  adding  a  new
 section 7516 to read as follows:
   §  7516.  CONFIRMATION  OF  AN AWARD BASED ON A CONSUMER CREDIT TRANS-
 ACTION. IN ANY PROCEEDING UNDER SECTION 7510 OF THIS ARTICLE TO  CONFIRM
 AN  AWARD  BASED  ON A CONSUMER CREDIT TRANSACTION, THE PARTY SEEKING TO
 CONFIRM THE AWARD SHALL PLEAD THE ACTUAL TERMS  AND  CONDITIONS  OF  THE
 AGREEMENT  TO  ARBITRATE. THE PARTY SHALL ATTACH TO ITS PETITION (A) THE
 AGREEMENT TO ARBITRATE; (B) THE DEMAND  FOR  ARBITRATION  OR  NOTICE  OF
 INTENTION  TO  ARBITRATE, WITH PROOF OF SERVICE; AND (C) THE ARBITRATION
 AWARD, WITH PROOF OF SERVICE. IF THE AWARD DOES NOT CONTAIN A  STATEMENT
 OF THE CLAIMS SUBMITTED FOR ARBITRATION, OF THE CLAIMS RULED UPON BY THE
 ARBITRATOR,  AND OF THE CALCULATION OF FIGURES USED BY THE ARBITRATOR IN
 ARRIVING AT THE AWARD, THEN THE PETITION SHALL CONTAIN SUCH A STATEMENT.
 THE COURT SHALL NOT GRANT CONFIRMATION OF AN AWARD BASED ON  A  CONSUMER
 CREDIT  TRANSACTION  UNLESS  THE  PARTY SEEKING TO CONFIRM THE AWARD HAS
 COMPLIED WITH THIS SECTION.

 S. 8959                             5

   § 10. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law,  except  that  section
 three  of  this  act  shall  take effect on the one hundred fiftieth day
 after this act shall have become a law.

co-Sponsors

2017-S8959A (ACTIVE) - Details

See Assembly Version of this Bill:: A1752
Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§213, 3012 & 3215, RR3016 & 3211, add §§214-g, 306-d & 7516, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: A2678
2015-2016: A3877, A4438
2019-2020: S691, S4827, A6909, A10795
2021-2022: S153, A2382

2017-S8959A (ACTIVE) - Summary

2017-S8959A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8959A

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to consumer credit transactions

 
PURPOSE OF BILL:

This bill would strengthen consumer protections in consumer debt
collection proceedings.

 
SUMMARY OF PROVISIONS: OF BILL:

The bill would require that the complaint in consumer credit actions
provide the name of the original creditor, the last four digits of the
original account number, the date and amount of the last payment, a
chain of title of the account, and a breakdown of the amount that the
plaintiff seeks to collect. The bill also requires that a copy of the
contract be attached to the complaint.

The bill would reduce the statute of limitations on consumer credit

actions from six years to three years. The bill would also bar debt
collectors from collecting debts on which the statute of limitations has
expired.

It would require that an additional notice of a pending consumer credit
action be mailed to the defendant by the clerk of the court.  This is
required in New York City and the bill would adopt this requirement
statewide.

The bill would permit defendants in consumer credit actions to raise
improper service as a defense in their answer and preserve that defense
for trial without having to file a separate motion to dismiss within 60
days as under current law.

To prevent the entry of default judgments on claims which have no merit,
the bill would require applications for default judgments in consumer
credit actions to include specific pleading requirements.  These include
an affidavit by the original creditor of the facts constituting the
debt, the default in payment, the sale or assignment of the debt, and
the amount due at the time of sale or assignment; (ii) for each subse-
quent assignment or sale of the debt to another entity, an affidavit of
sale of the debt by the debt seller, completed by the seller or assig-
nor; and (iii) an affidavit of a witness of the plaintiff, which
includes a chain of title of the debt, completed by the plaintiff or
plaintiffs witness. The bill will also require that applications for
default judgments in consumer credit actions to include a statement that
after reasonable inquiry, the creditor has reason to believe that the
statute of limitations has not expired.

 
JUSTIFICATION:

There have been serious concerns reported about the growing problem of
abusive debt collection practices including filing suit on debts-that
are too old to be sued on, are a result of identity theft or are debts
that have been paid or otherwise discharged. Other reported concerns
include lack of notice to the defendant of the law suit resulting in a
default judgment against the defendant without a requirement to produce
proof of the debt sued on.
Abusive debt collection lawsuits exploit current gaps in our state's
civil procedure laws and rules. The proposed legislation helps to fill
those gaps. In doing so, this legislation will protect all consumers,
and will particularly help ameliorate some of the forms of economic
abuse, including identity theft, suffered by domestic violence victims
at the hands of their abusers.

At a hearing on economic abuse as a form of domestic abuse, held on
December 5, 2012, by the New York State Assembly Committees on Judiciary
and Codes, civil legal service providers, domestic violence prevention
advocates and the Office of Court Administration highlighted the insid-
ious and pervasive nature of various forms of economic abuse perpetrated
by abusers in the family violence context to exercise power and control
over their victims and their finances.  The types of abuse cited
included incurring debt in the survivor's name through false statements
or coercion, perpetrating identity theft or otherwise incurring debt
without the survivor's knowledge.  Witnesses at the hearing cited this
legislation as important and helpful to ameliorating economic abuse
suffered by domestic abuse survivors.

This legislation requires statewide institution of additional notice
requirements that are presently in place in New York City. There is a
significant and documented problem with faulty service that results in
default judgments with serious life-altering ramifications.  Without
notice, defendants do not appear in court, and debt buyers easily obtain
default judgments. These judgments are enforced by freezing people's
bank accounts and garnishing their wages, hampering their ability to
then pay for basic necessities such as food, utilities, medication and
housing. These judgments appear on people's credit reports, making it
close to impossible for them to secure housing or employment, or to take
out a loan. The provisions of this bill would protect all consumers and
domestic abuse survivors in particular, by ensuring that New Yorker's
receive actual notice of debt collection actions.

To ensure that default judgment applications in debt collection lawsuits
are evaluated on the merits, this bill also requires court papers to
include more information about the debt sued upon. This would ensure
that all New Yorkers will be better able to identify the debt or account
on which they are being sued. There are many debts that result from
identity theft or mistaken identity and, in other situations the defend-
ant may not recognize the debt as theirs from the minimal information
provided on the initial filing of legal papers and may therefore not
respond. We learned from the hearing on economic abuse as a form of
domestic abuse, that this legislation will be particularly important for
domestic violence survivors as it will help them identify the debt and
assert defenses in cases involving debts they did not voluntarily incur
but that were incurred by their abusers in the survivor's name.

This legislation will reduce the statute of limitations for consumer
credit actions from six to three years. Reducing the statute of limita-
tions requires creditors to file their claims while memories are fresh
and records are still available. States with three year statutes of
limitation include: Arizona, Arkansas, Delaware, Kansas, Louisiana,
Maryland, Mississippi, Montana, and the District of Columbia. Pennsylva-
nia has a two-year statute of limitation, In response to the now common
practice of selling time-barred debt this bill would also extinguish the
right to collect the debt after the statute of limitation has expired.
States with similar requirements include Wisconsin and Mississippi. Debt
collection actions are rife with poor service and default judgments that
are obtained after the statute of limitations have expired. To address
this problem, the bill will require that applications for default judg-
ments in consumer credit actions include a statement that the creditor
has reason to believe that the statute of limitations has not expired
and it will protect defendants from unknowingly waiving the legitimate
defense that a debt is past the statute of limitations or that they were
improperly served.

This legislation will benefit all consumers and for domestic violence
survivors, it will go a long way toward helping break the perfect cycle
of violence and domestic abuse that enables perpetrators of domestic
abuse to exercise control over their victims and their finances in a
manner that prevents the victim from leaving a dangerous relationship or
forces them to return to it.

 
LEGISLATIVE HISTORY:

2017-18; A.1752 - Assembly Calendar
2015-16; A.4438 - Assembly Calendar
2013-14; A.2678/S.2454 - Passed Assembly/S. Judiciary
2011-12; A.633/S.677-A- Assembly Calendar/S. Judiciary
2010; A.7558-A/S.4398-A - Passed Assembly/S. Finance
2009; A.7558-A/S.4398-A - Passed Assembly/S. Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
January 1, after becoming law. Section three of the bill, which shortens
the statute of limitations, will take effect 150 days after becoming
law.

2017-S8959A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8959--A
 
                             I N  S E N A T E
 
                               June 7, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to consum-
   er credit transactions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   § 2. Subdivision 2 of section 213 of the civil practice law and rules,
 as  amended  by  chapter  709 of the laws of 1988, is amended to read as
 follows:
   2. an action upon a contractual obligation or  liability,  express  or
 implied,  except  as  provided  in section two hundred thirteen-a OR TWO
 HUNDRED FOURTEEN-G of this article or article 2 of the  uniform  commer-
 cial code or article 36-B of the general business law;
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 214-g to read as follows:
   § 214-G. CERTAIN ACTIONS ARISING OUT OF CONSUMER  CREDIT  TRANSACTIONS
 TO  BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A CONSUMER
 CREDIT TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A  DEFENDANT
 MUST  BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION TWO
 HUNDRED THIRTEEN-A OF THIS ARTICLE OR ARTICLE 2 OF THE  UNIFORM  COMMER-
 CIAL  CODE  OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN THE PERIOD
 WITHIN WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS  EXPIRED,
 THE RIGHT TO COLLECT CONSUMER CREDIT DEBT IS EXTINGUISHED AS WELL AS THE
 REMEDY.
   FOR  PURPOSES  OF  THIS SECTION, "THE RIGHT TO COLLECT CONSUMER CREDIT
 DEBT" SHALL MEAN ANY ATTEMPTS BY THE CREDITOR, THIRD PARTY PURCHASER, OR
 OTHER AUTHORIZED THIRD PARTY TO COLLECT SUCH  DEBT  INCLUDING,  BUT  NOT
 LIMITED TO, CALLS, MAIL OR OTHER ATTEMPTS TO COLLECT.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 306-d to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02851-05-8

 S. 8959--A                          2
 
   § 306-D. ADDITIONAL MAILING OF NOTICE IN AN ACTION ARISING  OUT  OF  A
 CONSUMER CREDIT TRANSACTION. (A) AT THE TIME OF FILING WITH THE CLERK OF
 THE  PROOF  OF SERVICE OF THE SUMMONS AND COMPLAINT IN AN ACTION ARISING
 OUT OF A CONSUMER CREDIT TRANSACTION, THE PLAINTIFF SHALL SUBMIT TO  THE
 CLERK  A  STAMPED  UNSEALED ENVELOPE ADDRESSED TO THE DEFENDANT TOGETHER
 WITH A WRITTEN NOTICE IN CLEAR TYPE OF  NO  LESS  THAN  TWELVE-POINT  IN
 SIZE,  IN  BOTH  ENGLISH  AND  SPANISH,  AND  CONTAINING  THE  FOLLOWING
 LANGUAGE:
                       ADDITIONAL NOTICE OF LAWSUIT
 
 (NAME OF COURT)
 (COUNTY)
 (STREET ADDRESS, ROOM NUMBER)
 (CITY, STATE, ZIP CODE)
 
 (NAME OF DEFENDANT)
 (ADDRESS OF DEFENDANT)
 
 PLAINTIFF:__________________________________
 DEFENDANT:__________________________________
 NAME OF ORIGINAL CREDITOR, UNLESS SAME:______________________________
 INDEX NUMBER:_______________________________
 
 ATTENTION: A LAWSUIT HAS BEEN FILED AGAINST YOU CLAIMING  THAT  YOU  OWE
 MONEY FOR AN UNPAID CONSUMER DEBT.
 YOU  SHOULD  GO TO THE COURT CLERK'S OFFICE AT THE ABOVE ADDRESS AS SOON
 AS POSSIBLE TO RESPOND TO THE LAWSUIT. YOU MAY WISH TO CONTACT AN ATTOR-
 NEY.
 IF YOU DO NOT RESPOND TO THE LAWSUIT, THE COURT MAY ENTER A MONEY  JUDG-
 MENT  AGAINST  YOU.  ONCE  ENTERED,  A  JUDGMENT IS GOOD AND CAN BE USED
 AGAINST YOU FOR TWENTY YEARS, AND  YOUR  PERSONAL  PROPERTY  AND  MONEY,
 INCLUDING  A  PORTION OF YOUR PAYCHECK AND/OR BANK ACCOUNT, MAY BE TAKEN
 FROM YOU.  ALSO, A JUDGMENT WILL AFFECT YOUR CREDIT SCORE AND CAN AFFECT
 YOUR ABILITY TO RENT A HOME, FIND A JOB, OR TAKE OUT A LOAN.
 YOU CANNOT BE ARRESTED OR SENT TO JAIL FOR OWING A DEBT.
 IT IS IMPORTANT THAT YOU GO TO THE COURT CLERK'S OFFICE LISTED ABOVE  AS
 SOON  AS POSSIBLE. YOU SHOULD BRING THIS NOTICE AND ANY LEGAL PAPERS YOU
 MAY HAVE RECEIVED.  ADDITIONAL INFORMATION CAN BE  FOUND  AT  THE  COURT
 SYSTEM WEBSITE AT:  WWW.NYCOURTS.GOV
   (B)  THE  FACE  OF THE ENVELOPE SHALL BE ADDRESSED TO THE DEFENDANT AT
 THE ADDRESS AT WHICH PROCESS WAS SERVED, AND SHALL CONTAIN  THE  DEFEND-
 ANT'S  NAME, ADDRESS (INCLUDING APARTMENT NUMBER) AND ZIP CODE. THE FACE
 OF THE ENVELOPE ALSO SHALL STATE THE APPROPRIATE CLERK'S OFFICE  AS  ITS
 RETURN ADDRESS.
   (C)  THE  CLERK  PROMPTLY  SHALL  MAIL  TO  THE DEFENDANT THE ENVELOPE
 CONTAINING THE ADDITIONAL NOTICE SET FORTH IN SUBDIVISION  (A)  OF  THIS
 SECTION.  NO DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO ANSWER
 SHALL BE ENTERED UNLESS THERE HAS BEEN COMPLIANCE WITH THIS SECTION, AND
 AT LEAST TWENTY DAYS HAVE ELAPSED FROM THE DATE OF MAILING BY THE CLERK.
 NO DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO ANSWER SHALL  BE
 ENTERED IF THE ADDITIONAL NOTICE IS RETURNED TO THE COURT AS UNDELIVERA-
 BLE.  RECEIPT  OF THE ADDITIONAL NOTICE BY THE DEFENDANT DOES NOT CONFER
 JURISDICTION ON THE COURT IN THE ABSENCE OF PROPER SERVICE OF PROCESS.
   § 5. Subdivision (a) of section 3012 of the  civil  practice  law  and
 rules is amended to read as follows:

 S. 8959--A                          3

   (a)  Service  of  pleadings.  The  complaint  may  be  served with the
 summons, EXCEPT THAT IN AN ACTION ARISING OUT OF A CONSUMER CREDIT TRAN-
 SACTION, THE COMPLAINT SHALL BE SERVED WITH THE  SUMMONS.  A  subsequent
 pleading  asserting  new or additional claims for relief shall be served
 upon  a party who has not appeared in the manner provided for service of
 a summons. In any other case, a pleading shall be served in  the  manner
 provided  for service of papers generally. Service of an answer or reply
 shall be made within twenty days after service of the pleading to  which
 it responds.
   §  6.    Rule  3016  of the civil practice law and rules is amended by
 adding a new subdivision (j) to read as follows:
   (J) CONSUMER CREDIT TRANSACTIONS.  IN  AN  ACTION  ARISING  OUT  OF  A
 CONSUMER  CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A
 DEFENDANT, THE CONTRACT OR OTHER WRITTEN INSTRUMENT ON WHICH THE  ACTION
 IS  BASED  SHALL BE ATTACHED TO THE COMPLAINT AND THE FOLLOWING INFORMA-
 TION SHALL BE SET FORTH IN THE COMPLAINT:
   1. THE NAME OF THE ORIGINAL CREDITOR;
   2. THE LAST FOUR DIGITS OF THE ORIGINAL ACCOUNT NUMBER;
   3. THE DATE AND AMOUNT OF THE LAST PAYMENT;
   4. IF THE COMPLAINT CONTAINS A CAUSE OF ACTION  BASED  ON  AN  ACCOUNT
 STATED,  THE  DATE THAT THE FINAL STATEMENT OF ACCOUNT WAS MAILED TO THE
 DEFENDANT;
   5. AN ITEMIZATION OF THE AMOUNT SOUGHT, BY (I) PRINCIPAL; (II) FINANCE
 CHARGE OR CHARGES; (III) FEES IMPOSED BY  THE  ORIGINAL  CREDITOR;  (IV)
 COLLECTION  COSTS;  (V)  ATTORNEY'S  FEES;  (VI) INTEREST; AND (VII) ANY
 OTHER FEES AND CHARGES. THE TERM "FINANCE CHARGE" MEANS A FINANCE CHARGE
 AS DEFINED IN REGULATION Z, 12 C.F.R. § 226.4;
   6. WHETHER THE PLAINTIFF IS THE ORIGINAL CREDITOR. IF THE PLAINTIFF IS
 NOT THE ORIGINAL CREDITOR, THE COMPLAINT SHALL ALSO STATE (I)  THE  DATE
 ON  WHICH  THE DEBT WAS SOLD OR ASSIGNED TO THE PLAINTIFF; (II) THE NAME
 OF EACH PREVIOUS OWNER OF THE ACCOUNT AND THE DATE ON WHICH THE DEBT WAS
 ASSIGNED TO THAT OWNER; AND (III) THE AMOUNT DUE AT THE TIME OF THE SALE
 OR ASSIGNMENT OF THE DEBT BY THE ORIGINAL CREDITOR; AND
   7. ANY MATTERS REQUIRED TO BE STATED WITH  PARTICULARITY  PURSUANT  TO
 SUBDIVISION (B) OF THIS RULE.
   § 7. Subdivision (e) of rule 3211 of the civil practice law and rules,
 as  amended  by  chapter  616 of the laws of 2005, is amended to read as
 follows:
   (e) Number, time and waiver of objections; motion to  plead  over.  At
 any  time before service of the responsive pleading is required, a party
 may move on one or more of the grounds set forth in subdivision  (a)  OF
 THIS  RULE,  and  no  more  than one such motion shall be permitted. Any
 objection or defense based upon a ground set forth  in  paragraphs  one,
 three,  four,  five  and  six  of subdivision (a) OF THIS RULE is waived
 unless raised either by such motion or in  the  responsive  pleading.  A
 motion  based  upon a ground specified in paragraph two, seven or ten of
 subdivision (a) OF THIS RULE may be made at any subsequent time or in  a
 later  pleading, if one is permitted; IN ANY ACTION OTHER THAN AN ACTION
 ARISING OUT OF A CONSUMER CREDIT TRANSACTION WHERE A PURCHASER, BORROWER
 OR DEBTOR IS A DEFENDANT, an objection that the summons  and  complaint,
 summons with notice, or notice of petition and petition was not properly
 served  is waived if, having raised such an objection in a pleading, the
 objecting party does not move for judgment on that ground  within  sixty
 days  after serving the pleading, unless the court extends the time upon
 the ground of undue hardship. The foregoing sentence shall not apply  in
 any  proceeding  under  subdivision  one or two of section seven hundred

 S. 8959--A                          4
 
 eleven of the real property actions and proceedings law. The  papers  in
 opposition to a motion based on improper service shall contain a copy of
 the  proof  of  service,  whether  or not previously filed. An objection
 based  upon a ground specified in paragraph eight or nine of subdivision
 (a) OF THIS RULE is waived if a party moves on any of  the  grounds  set
 forth  in subdivision (a) OF THIS RULE without raising such objection or
 if, having made no objection under subdivision (a) OF THIS RULE,  he  or
 she does not raise such objection in the responsive pleading.
   §  8.  Subdivision  (f)  of section 3215 of the civil practice law and
 rules, as amended by chapter 453 of the laws of 2006, is amended  and  a
 new subdivision (j) is added to read as follows:
   (f)  Proof.  On any application for judgment by default, the applicant
 shall file proof of service of the  summons  and  the  complaint,  or  a
 summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
 subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
 constituting the claim, the default and the amount due by affidavit made
 by  the party, or where the state of New York is the plaintiff, by affi-
 davit made by an attorney from the office of the  attorney  general  who
 has  or  obtains knowledge of such facts through review of state records
 or otherwise. Where a verified complaint has been served, it may be used
 as the affidavit of the facts constituting the claim and the amount due;
 in such case, an affidavit as to the default shall be made by the  party
 or  the  party's attorney. IN AN ACTION ARISING OUT OF A CONSUMER CREDIT
 TRANSACTION, IF THE PLAINTIFF IS NOT THE ORIGINAL CREDITOR,  THE  APPLI-
 CANT  SHALL  INCLUDE:  (1)  AN AFFIDAVIT BY THE ORIGINAL CREDITOR OF THE
 FACTS CONSTITUTING THE DEBT, THE DEFAULT IN PAYMENT, THE SALE OR ASSIGN-
 MENT OF THE DEBT, AND THE AMOUNT DUE AT THE TIME OF SALE OR  ASSIGNMENT;
 (2)  FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE DEBT TO ANOTHER ENTI-
 TY, AN AFFIDAVIT OF SALE OF THE DEBT BY THE DEBT  SELLER,  COMPLETED  BY
 THE  SELLER OR ASSIGNOR; AND (3) AN AFFIDAVIT OF A WITNESS OF THE PLAIN-
 TIFF, WHICH INCLUDES A CHAIN OF TITLE OF  THE  DEBT,  COMPLETED  BY  THE
 PLAINTIFF  OR  PLAINTIFF'S  WITNESS.  When  jurisdiction  is based on an
 attachment of property, the  affidavit  must  state  that  an  order  of
 attachment  granted in the action has been levied on the property of the
 defendant, describe the property and state its value. Proof  of  mailing
 the  notice  required by subdivision (g) of this section, where applica-
 ble, shall also be filed.
   (J) A REQUEST FOR A DEFAULT JUDGMENT ENTERED BY  THE  CLERK,  MUST  BE
 ACCOMPANIED BY AN AFFIDAVIT BY THE DEBT COLLECTOR (WHO MAY BE THE PLAIN-
 TIFF  OR PLAINTIFF'S ATTORNEY) STATING THAT AFTER REASONABLE INQUIRY, HE
 OR SHE HAS REASON TO BELIEVE THAT THE STATUTE  OF  LIMITATIONS  HAS  NOT
 EXPIRED.
   §  9.  The  civil  practice  law  and rules is amended by adding a new
 section 7516 to read as follows:
   § 7516. CONFIRMATION OF AN AWARD BASED ON  A  CONSUMER  CREDIT  TRANS-
 ACTION.  IN ANY PROCEEDING UNDER SECTION 7510 OF THIS ARTICLE TO CONFIRM
 AN AWARD BASED ON A CONSUMER CREDIT TRANSACTION, THE  PARTY  SEEKING  TO
 CONFIRM  THE  AWARD  SHALL  PLEAD THE ACTUAL TERMS AND CONDITIONS OF THE
 AGREEMENT TO ARBITRATE. THE PARTY SHALL ATTACH TO ITS PETITION  (A)  THE
 AGREEMENT  TO  ARBITRATE;  (B)  THE  DEMAND FOR ARBITRATION OR NOTICE OF
 INTENTION TO ARBITRATE, WITH PROOF OF SERVICE; AND (C)  THE  ARBITRATION
 AWARD,  WITH PROOF OF SERVICE. IF THE AWARD DOES NOT CONTAIN A STATEMENT
 OF THE CLAIMS SUBMITTED FOR ARBITRATION, OF THE CLAIMS RULED UPON BY THE
 ARBITRATOR, AND OF THE CALCULATION OF FIGURES USED BY THE ARBITRATOR  IN
 ARRIVING AT THE AWARD, THEN THE PETITION SHALL CONTAIN SUCH A STATEMENT.
 THE  COURT  SHALL NOT GRANT CONFIRMATION OF AN AWARD BASED ON A CONSUMER

 S. 8959--A                          5
 
 CREDIT TRANSACTION UNLESS THE PARTY SEEKING TO  CONFIRM  THE  AWARD  HAS
 COMPLIED WITH THIS SECTION.
   § 10. This act shall take effect on the first of January next succeed-
 ing  the  date  on which it shall have become a law, except that section
 three of this act shall take effect on  the  one  hundred  fiftieth  day
 after this act shall have become a law.

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Senate Bill S8959A

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Rules Committee

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Tony Avella

Luis R. Sepúlveda

2017-S8959A (ACTIVE) - Details

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