Assembly Bill A2382

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2382
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A. WEINSTEIN, GALEF, ZEBROWSKI, O'DONNELL, FAHY,
   PEOPLES-STOKES,  L. ROSENTHAL,  DINOWITZ,  SEAWRIGHT,  GLICK,  WEPRIN,
   TAYLOR  --  Multi-Sponsored  by  -- M. of A. CAHILL, CYMBROWITZ, GOTT-
   FRIED, McDONOUGH -- read once and referred to the Committee on Judici-
   ary

 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer 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.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING  RISE
 TO A CAUSE OF ACTION.
   § 3. 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-I of this article or article 2 of the  uniform  commer-
 cial code or article 36-B of the general business law;
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 214-i to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00040-01-1

 A. 2382                             2
 
   § 214-I. 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.  NOTWITHSTANDING
 ANY  OTHER  PROVISION  OF  LAW,  WHEN  THE APPLICABLE LIMITATIONS PERIOD
 EXPIRES, ANY SUBSEQUENT PAYMENT TOWARD, WRITTEN OR ORAL  AFFIRMATION  OF
 OR  OTHER ACTIVITY ON THE DEBT DOES NOT REVIVE OR EXTEND THE LIMITATIONS
 PERIOD.
   § 5. 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
 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 MAY WISH TO CONTACT AN ATTORNEY.
   YOU SHOULD RESPOND TO THE LAWSUIT AS SOON AS  POSSIBLE  BY  FILING  AN
 "ANSWER" WHICH MAY BE DONE AT THE COURT CLERK'S OFFICE LISTED ABOVE.
   IF  YOU  DO  NOT  RESPOND  TO THE LAWSUIT, THE COURT MAY ENTER A MONEY
 JUDGMENT 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 MAY 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.
 ADDITIONAL INFORMATION CAN BE FOUND AT THE NEW YORK STATE  COURT  SYSTEM
 WEBSITE.
 SOURCES OF INFORMATION AND ASSISTANCE:
 THE  COURT  ENCOURAGES  YOU  TO  INFORM YOURSELF ABOUT YOUR OPTIONS AS A
 DEFENDANT IN THIS LAWSUIT. IN ADDITION  TO  SEEKING  ASSISTANCE  FROM  A
 PRIVATE  ATTORNEY  OR  LEGAL AID OFFICE, THERE ARE FREE LEGAL ASSISTANCE
 COMPUTER PROGRAMS THAT YOU CAN USE ONLINE TO HELP YOU REPRESENT YOURSELF
 IN THIS LAWSUIT.

 A. 2382                             3
 
 FOR FURTHER INFORMATION, OR TO LOCATE A LEGAL AID PROGRAM NEAR YOU,  YOU
 MAY  VISIT  THE  LAWHELPNY  WEBSITE  OR  THE NEW YORK STATE COURT SYSTEM
 WEBSITE, WHICH HAS INFORMATION FOR REPRESENTING YOURSELF  AND  LINKS  TO
 OTHER RESOURCES AT: ___________________.
   (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.
   (D) THE CHIEF ADMINISTRATIVE JUDGE SHALL ISSUE A  SPANISH  TRANSLATION
 OF  THE NOTICE IN SUBDIVISION (A) OF THIS SECTION AND SHALL MAINTAIN AND
 PUBLISH THE URL ADDRESS FOR THE WEB PAGE CONTAINING  CONSUMER  RESOURCES
 FOR UNREPRESENTED LITIGANTS.
   §  6.  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
 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.
   §  7.  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, HOWEVER, FOR THE PURPOSES
 OF THIS SECTION, IF THE ACCOUNT WAS  A  REVOLVING  CREDIT  ACCOUNT,  THE
 CHARGE-OFF  STATEMENT  MAY  BE  ATTACHED TO THE COMPLAINT INSTEAD OF THE
 CONTRACT OR OTHER WRITTEN  INSTRUMENT,  AND  THE  FOLLOWING  INFORMATION
 SHALL BE SET FORTH IN THE COMPLAINT:
   (1) THE NAME OF THE ORIGINAL CREDITOR;
   (2)  THE  LAST  FOUR  DIGITS OF THE ACCOUNT NUMBER PRINTED ON THE MOST
 RECENT MONTHLY STATEMENT RECORDING A PURCHASE TRANSACTION, LAST  PAYMENT
 OR BALANCE TRANSFER;
   (3)  THE  DATE  AND  AMOUNT  OF THE LAST PAYMENT OR, IF NO PAYMENT WAS
 MADE, A STATEMENT THAT THE PURCHASER, BORROWER OR DEBTOR MADE NO PAYMENT
 ON THE ACCOUNT;
   (4) IF THE COMPLAINT CONTAINS A CAUSE OF ACTION BASED  ON  AN  ACCOUNT
 STATED,  THE  DATE  ON OR ABOUT WHICH THE FINAL STATEMENT OF ACCOUNT WAS
 PROVIDED TO THE DEFENDANT;
   (5) (A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS  PARAGRAPH,  AN
 ITEMIZATION  OF THE AMOUNT SOUGHT, BY (I) PRINCIPAL; (II) FINANCE CHARGE
 OR CHARGES; (III) FEES IMPOSED BY THE ORIGINAL CREDITOR; (IV) COLLECTION

 A. 2382                             4
 
 COSTS; (V) ATTORNEY'S FEES; (VI) INTEREST; AND (VII) ANY OTHER FEES  AND
 CHARGES.
   (B)  IF  THE ACCOUNT WAS A REVOLVING CREDIT ACCOUNT, AN ITEMIZATION OF
 THE AMOUNT SOUGHT, BY:   (I) THE TOTAL AMOUNT OF  THE  DEBT  DUE  AS  OF
 CHARGE-OFF;  (II) THE TOTAL AMOUNT OF INTEREST ACCRUED SINCE CHARGE-OFF;
 (III) THE TOTAL AMOUNT OF NON-INTEREST CHARGES  OR  FEES  ACCRUED  SINCE
 CHARGE-OFF; AND (IV) THE TOTAL AMOUNT OF PAYMENTS AND/OR CREDITS MADE ON
 THE DEBT SINCE CHARGE-OFF;
   (6)  THE  ACCOUNT BALANCE PRINTED ON THE MOST RECENT MONTHLY STATEMENT
 RECORDING A PURCHASE TRANSACTION, LAST PAYMENT OR BALANCE TRANSFER;
   (7) (A) WHETHER THE PLAINTIFF IS THE ORIGINAL CREDITOR.
   (B) 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 FROM THE
 ORIGINAL CREDITOR TO THE PLAINTIFF AND THE DATE ON WHICH  THE  DEBT  WAS
 ASSIGNED TO THAT OWNER BY THE ORIGINAL CREDITOR OR SUBSEQUENT OWNER; AND
 (III)  THE  AMOUNT DUE AT THE TIME OF THE SALE OR ASSIGNMENT OF THE DEBT
 BY THE ORIGINAL CREDITOR; AND
   (8) ANY MATTERS REQUIRED TO BE STATED WITH PARTICULARITY  PURSUANT  TO
 RULE 3015 OF THIS ARTICLE.
   § 8. 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; 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 TO COLLECT A DEBT ARISING OUT OF A  CONSUMER
 CREDIT  TRANSACTION WHERE A CONSUMER IS A DEFENDANT OR 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 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 WHICH, IN ANY ACTION TO  COLLECT  A
 DEBT  ARISING OUT OF A CONSUMER CREDIT TRANSACTION WHERE A CONSUMER IS A
 DEFENDANT, INCLUDES ANY AMENDED RESPONSIVE PLEADING.
   § 9. Rule 3212 of the civil practice  law  and  rules  is  amended  by
 adding a new subdivision (j) to read as follows:
   (J)  ADDITIONAL NOTICE IN ANY ACTION TO COLLECT A DEBT ARISING  OUT OF
 A CONSUMER CREDIT TRANSACTION WHERE A CONSUMER IS A DEFENDANT.

 A. 2382                             5
 
   1. AT THE TIME OF SERVICE OF A NOTICE OF MOTION ANY  PART  OF    WHICH
 REQUESTS  SUMMARY  JUDGMENT IN WHOLE OR IN PART, WHERE THE  MOVING PARTY
 IS A PLAINTIFF AND THE RESPONDENT IS A CONSUMER DEFENDANT IN  AN  ACTION
 TO  COLLECT  A  DEBT  ARISING OUT OF A  CONSUMER CREDIT TRANSACTION, AND
 WHERE THE CONSUMER DEFENDANT AGAINST  WHOM SUMMARY JUDGMENT IS SOUGHT IS
 NOT  REPRESENTED BY AN ATTORNEY, THE PLAINTIFF SHALL SUBMIT TO THE CLERK
 A STAMPED, UNSEALED ENVELOPE ADDRESSED TO THE  DEFENDANT  TOGETHER  WITH
 THE  FOLLOWING ADDITIONAL NOTICE IN ENGLISH AND SPANISH TO BE PRINTED IN
 CLEAR TYPE NO LESS THAN TWELVE-POINT IN SIZE:
                             IMPORTANT NOTICE
 THE PLAINTIFF HAS ASKED THE COURT  TO  ENTER  JUDGMENT  AGAINST  YOU  BY
 MAKING A MOTION FOR SUMMARY JUDGMENT.  KEEP THIS NOTICE AND THE ENVELOPE
 IT  CAME  IN.  THE  MOTION FOR SUMMARY JUDGMENT WAS SEPARATELY SERVED ON
 YOU.  TO AVOID ENTRY OF JUDGMENT:
 (1) YOU MUST APPEAR IN COURT AS DIRECTED BELOW:
 WHERE:  NAME OF COURT, STREET ADDRESS, ROOM NUMBER
 WHEN:  DATE AND TIME
 (2) YOU SHOULD OPPOSE THE MOTION IN WRITING.
 HOW TO OPPOSE THE MOTION:
   (1) STATE THE LEGAL REASONS WHY THE COURT SHOULD  NOT  ENTER  JUDGMENT
 AGAINST YOU, INCLUDING YOUR DEFENSES.
   (2) STATE THE FACTS THAT SUPPORT YOUR DEFENSES.
   (3) ATTACH AFFIDAVITS AND/OR EXHIBITS TO SUPPORT THE FACTS YOU ASSERT.
   (A)  AFFIDAVITS  ARE SWORN STATEMENTS OF WITNESSES (INCLUDING YOU) WHO
 STATE FACTS THEY KNOW TO BE TRUE.  THE AFFIDAVIT SHOULD STATE THE  FACTS
 AND  HOW THE WITNESS KNOWS THEM.  ALSO, THE AFFIDAVIT SHOULD EXPLAIN ANY
 EXHIBITS.  AN AFFIDAVIT OF SERVICE IS AN AFFIDAVIT THAT STATES  HOW  AND
 WHEN  PAPERS  WERE  SERVED.    AN AFFIDAVIT MUST BE SIGNED IN FRONT OF A
 NOTARY. FREE FORMS ARE AVAILABLE ON THE  NEW  YORK  STATE  COURT  SYSTEM
 WEBSITE AT: ____________________.
   (B) EXHIBITS ARE COPIES OF DOCUMENTS. EXHIBITS ARE USUALLY ATTACHED TO
 AFFIDAVITS.
   (4)  HAVE SOMEONE (NOT YOU OR ANOTHER DEFENDANT IN THE LAWSUIT) MAIL A
 COPY OF YOUR OPPOSITION TO THE PLAINTIFF'S ATTORNEY  BEFORE  YOUR  COURT
 DATE AND HAVE THEM PREPARE AN AFFIDAVIT OF SERVICE BY MAIL.
   (5)  BRING  A  COPY OF YOUR OPPOSITION AND THE AFFIDAVIT OF SERVICE TO
 YOUR COURT DATE.
   (6) ATTEND YOUR COURT DATE.
 IF YOU NEED MORE TIME:
 IF YOU NEED MORE TIME TO  PREPARE  YOUR  WRITTEN  RESPONSE,  YOU  SHOULD
 APPEAR AT YOUR COURT DATE AND ASK THE JUDGE FOR MORE TIME.  YOU CAN ALSO
 ASK THE JUDGE TO REFER YOU FOR LEGAL HELP.
 IF YOU NEED LEGAL HELP:
 YOU  MAY  SEEK LEGAL HELP FROM A PRIVATE ATTORNEY OR A LEGAL AID OFFICE.
 SOME COURTS HAVE FREE  LEGAL  ASSISTANCE  PROGRAMS  FOR  PEOPLE  WITHOUT
 LAWYERS.    YOU  CAN  FIND  RESOURCES ON THE NEW YORK STATE COURT SYSTEM
 WEBSITE AT: ____________________.
   2. THE CLERK  PROMPTLY  SHALL  MAIL  TO  THE  DEFENDANT  THE  ENVELOPE
 CONTAINING  THE  ADDITIONAL  NOTICE  SET  FORTH IN PARAGRAPH ONE OF THIS
 SUBDIVISION AND NOTE THE DATE OF MAILING IN  THE  CASE  RECORD.  SUMMARY
 JUDGMENT SHALL NOT BE ENTERED BASED ON DEFENDANT'S FAILURE TO OPPOSE THE
 MOTION  UNLESS  THERE HAS BEEN COMPLIANCE WITH THIS SECTION AND AT LEAST
 FOURTEEN DAYS HAVE ELAPSED FROM THE DATE OF  MAILING  BY  THE  CLERK  OR
 NINETEEN  DAYS  IF  THE  PLAINTIFF'S NOTICE OF MOTION DEMANDS ADDITIONAL
 TIME UNDER SUBDIVISION (B) OF RULE 2214 OF THIS CHAPTER.

 A. 2382                             6
 
   3. THE CHIEF ADMINISTRATIVE JUDGE SHALL ISSUE A SPANISH TRANSLATION OF
 THE NOTICE IN PARAGRAPH ONE OF THIS SUBDIVISION AND SHALL  MAINTAIN  AND
 PUBLISH  THE  URL  ADDRESS  FOR  THE WEB PAGE CONTAINING CONSUMER CREDIT
 RESOURCES FOR UNREPRESENTED LITIGANTS.
   §  10. Section 3213 of the civil practice law and rules, as amended by
 chapter 210 of the laws of 1969, is amended to read as follows:
   § 3213. Motion for summary judgment in  lieu  of  complaint.  When  an
 action is based upon an instrument for the payment of money only or upon
 any  judgment,  the  plaintiff  may  serve  with the summons a notice of
 motion for summary judgment and the  supporting  papers  in  lieu  of  a
 complaint.  The summons served with such motion papers shall require the
 defendant to submit answering papers  on  the  motion  within  the  time
 provided  in the notice of motion. The minimum time such motion shall be
 noticed to be heard shall be as provided by subdivision (a) of rule  320
 for  making  an appearance, depending upon the method of service. If the
 plaintiff sets the hearing date of the motion  later  than  the  minimum
 time  therefor,  he  may  require  the  defendant to serve a copy of his
 answering papers upon him within  such  extended  period  of  time,  not
 exceeding  ten days, prior to such hearing date. No default judgment may
 be entered pursuant to subdivision (a) of  section  3215  prior  to  the
 hearing  date  of  the  motion.  If the motion is denied, the moving and
 answering papers shall be deemed the complaint and answer, respectively,
 unless the court orders otherwise. THE  ADDITIONAL  NOTICE  REQUIRED  BY
 SUBDIVISION (J) OF RULE 3212 SHALL BE APPLICABLE TO A MOTION MADE PURSU-
 ANT  TO  THIS  SECTION  IN ANY ACTION TO COLLECT A DEBT ARISING OUT OF A
 CONSUMER CREDIT TRANSACTION WHERE A CONSUMER IS A DEFENDANT.
   § 11. 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. THE CHIEF ADMINISTRATIVE  JUDGE  SHALL
 ISSUE  FORM  AFFIDAVITS  TO SATISFY THE REQUIREMENTS OF THIS SUBDIVISION
 FOR CONSUMER CREDIT TRANSACTIONS.  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

 A. 2382                             7
 
 the notice required by subdivision (g) of this section,  where  applica-
 ble, shall also be filed.
   (J)  AFFIDAVIT. A REQUEST FOR A DEFAULT JUDGMENT ENTERED BY THE CLERK,
 MUST BE ACCOMPANIED BY AN AFFIDAVIT  BY  THE  PLAINTIFF  OR  PLAINTIFF'S
 ATTORNEY  STATING THAT AFTER REASONABLE INQUIRY, HE OR SHE HAS REASON TO
 BELIEVE THAT THE STATUTE OF LIMITATIONS HAS  NOT  EXPIRED.    THE  CHIEF
 ADMINISTRATIVE JUDGE SHALL ISSUE FORM AFFIDAVITS TO SATISFY THE REQUIRE-
 MENTS OF THIS SUBDIVISION FOR CONSUMER CREDIT TRANSACTIONS.
   §  12.  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.
   §  13. Subdivision 2 of section 212 of the judiciary law is amended by
 adding a new paragraph (aa) to read as follows:
   (AA) NOT LATER THAN  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  MAKE
 AVAILABLE  SPANISH  TRANSLATIONS  OF  THE ADDITIONAL NOTICES IN CONSUMER
 CREDIT TRANSACTION ACTIONS AND PROCEEDINGS REQUIRED BY SECTION 306-D AND
 SUBDIVISION (J) OF RULE 3212 OF THE CIVIL PRACTICE LAW  AND  RULES,  AND
 MAKE  AVAILABLE  FORM AFFIDAVITS REQUIRED FOR A MOTION FOR DEFAULT JUDG-
 MENT IN A CONSUMER CREDIT TRANSACTION ACTION OR PROCEEDING  REQUIRED  BY
 SUBDIVISION (F) OF SECTION 3215 OF THE CIVIL PRACTICE LAW AND RULES.
   §  14.  Subdivision  (c) of section 5019 of the civil practice law and
 rules is amended to read as follows:
   (c) Change in judgment creditor.  A person other than the party recov-
 ering a judgment who becomes entitled to enforce it, shall file  in  the
 office  of  the clerk of the court in which the judgment was entered or,
 in the case of a judgment of a court other than the supreme, county or a
 family court which has been docketed by the clerk of the county in which
 it was entered, in the office of  such  county  clerk,  a  copy  of  the
 instrument  on  which  his  authority is based, acknowledged in the form
 required to entitle a deed to be recorded, or, if his authority is based
 on a court order, a certified copy of the order. Upon  such  filing  the
 clerk  shall  make  an  appropriate entry on his docket of the judgment.
 THIS SUBDIVISION SHALL NOT APPLY WHEN THERE IS A CHANGE TO THE OWNER  OF
 A  DEBT  THROUGH A SALE, ASSIGNMENT, OR OTHER TRANSFER WHERE NO JUDGMENT
 EXISTS.
   § 15. This act shall take effect immediately; provided, however,  that
 sections  two,  three,  five,  six,  seven, eight, nine, ten, eleven and
 twelve shall take effect on the one hundred eightieth day after it shall
 have become a law and shall apply to actions and  proceedings  commenced
 on  or after such date; and provided, further, that section four of this
 act shall take effect on the one hundred fiftieth  day  after  this  act
 shall have become a law.