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Senate Bill S5010

2023-2024 Legislative Session

Relates to the expiration of right to collect consumer credit debt

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2023-S5010 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-k, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S3766
2017-2018: S3606
2019-2020: S2239
2021-2022: S3170
2025-2026: S6300

2023-S5010 (ACTIVE) - Summary

Relates to the expiration of right to collect consumer credit debt; includes any attempts made by the creditor, third-party purchaser or other authorized third party to collect such debt.

2023-S5010 (ACTIVE) - Sponsor Memo

2023-S5010 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5010
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   expiration of right to collect consumer credit debt
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-k to read as follows:
   § 214-K. EXPIRATION OF RIGHT TO COLLECT CONSUMER CREDIT  DEBT.    WHEN
 THE  TIME  FOR  AN  ACTION  ARISING OUT OF A CONSUMER CREDIT TRANSACTION
 WHERE A PURCHASER, BORROWER OR DEBTOR IS A  DEFENDANT  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  INCLUD-
 ING, BUT NOT LIMITED TO, CALLS, MAIL OR OTHER ATTEMPTS TO COLLECT.
   § 2. This act shall take effect immediately.
 
 
 

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09514-01-3

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