A02678 Summary:

BILL NO    A02678 

SAME AS    SAME AS A09053

SPONSOR    Weinstein (MS)

COSPNSR    Jaffee, Millman, Titone, Colton, Weprin, Galef, Miller, Abinanti

MLTSPNSR   Crespo, Cymbrowitz, Glick, Gottfried, Jacobs, Otis, Perry, Schimel

Amd SS213, 3012, 3215, R3016 & R3211, add SS214-f, 306-d & 7515, CPLR

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; provides for arbitration of such actions; requires debt collectors to
send consumers a written notice of their rights under state law along with
their initial debt collection correspondence; such notice would contain
information such as who and when a principal creditor may contact a debtor
about the debt owed as well as the fact that a principal creditor cannot
disclose information affecting a consumer debtor's reputation for
creditworthiness if the principal creditor knows or has reason to know such
information is false; applies to consumer rather than commercial debts.
Go to top

A02678 Actions:

BILL NO    A02678 

01/17/2013 referred to judiciary
02/12/2013 reported referred to codes
02/27/2013 reported 
03/01/2013 advanced to third reading cal.64
04/22/2013 passed assembly
04/22/2013 delivered to senate
04/22/2013 REFERRED TO JUDICIARY
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.151
03/11/2014 recommitted to codes
03/11/2014 enacting clause stricken
Go to top

A02678 Votes:

A02678 04/22/2013 90/45
AbbateYColtonYGarbariNOKearnsYMillerYReilichNOSteckY
AbinantYCookYGibsonYKellnerERMillmanYRiveraYStevensER
ArroyoYCorwinNOGiglioNOKimYMontesaNORobertsYStirpeY
AubryYCrespoERGjonajYKolbNOMorelleYRobinsoERSweeneyY
BarclayNOCrouchNOGlickYLalorNOMosleyYRodriguYTediscoNO
BarrettYCurranNOGoldfedERLavineYMoyaYRosaYTenneyNO
BarronYCusickNOGoodellNOLentolYNojayNORosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafNOLope PDNOOaksNORussellYTitusY
BorelliNODinowitYGuntherYLope VJYO'DonneYRyanYWalterNO
BoylandYDiPietrNOHawleyNOLupardoYOrtizYSaladinNOWeinsteY
BraunstYDupreyNOHeastieYLupinacNOOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaNOScarborYWeprinY
BrindisYEspinalYHevesiYMagnareNOPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiNOZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchNOJacobsYMarkeyYPretlowYSimanowY
ButlerNOFitzpatNOJaffeeYMayerYQuartERSimotasY
CahillYFriendNOJohnsNOMcDonalYRaNOSkartadNO
CamaraERGabryszNOJordanNOMcDonouNORabbittNOSkoufisY
CerettoNOGalefYKatzNOMcKevitNORaiaNOSolagesY
ClarkERGanttYKavanagYMcLaughNORamosYStecNO

Go to top

A02678 Memo:

BILL NUMBER:A2678         REVISED 04/18/13

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 subsequent 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 assignor; 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 insidious 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 defendant 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
limitations 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. Pennsylvania 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 judgments 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:

2011-12; Similar to 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.
Go to top

A02678 Text:

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

           S. 2454                                                  A. 2678

                              2013-2014 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   January 17, 2013
                                      ___________

       IN  SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Judiciary

       IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, BOYLAND,  MILL-
         MAN,  GIBSON, TITONE, CASTRO, COLTON, WEPRIN, GALEF -- Multi-Sponsored
         by -- M. of A. CRESPO, CYMBROWITZ, GLICK,  GOTTFRIED,  JACOBS,  PERRY,
         SCHIMEL -- read once and referred to the Committee on Judiciary

       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:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "consumer credit fairness act".
    3    S 2. Subdivision 2 of section 213 of the civil practice law and rules,
    4  as  amended  by  chapter  709 of the laws of 1988, is amended to read as
    5  follows:
    6    2. an action upon a contractual obligation or  liability,  express  or
    7  implied,  except  as  provided  in section two hundred thirteen-a OR TWO
    8  HUNDRED FOURTEEN-F of this article or article 2 of the  uniform  commer-
    9  cial code or article 36-B of the general business law;
   10    S  3.  The  civil  practice  law  and rules is amended by adding a new
   11  section 214-f to read as follows:
   12    S 214-F. CERTAIN ACTIONS ARISING OUT OF CONSUMER  CREDIT  TRANSACTIONS
   13  TO  BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A CONSUMER
   14  CREDIT TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A  DEFENDANT
   15  MUST  BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION TWO
   16  HUNDRED THIRTEEN-A OF THIS ARTICLE OR ARTICLE 2 OF THE  UNIFORM  COMMER-
   17  CIAL  CODE  OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN THE PERIOD
   18  WITHIN WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS  EXPIRED,
   19  THE RIGHT TO COLLECT CONSUMER CREDIT DEBT IS EXTINGUISHED AS WELL AS THE
   20  REMEDY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05625-02-3
       S. 2454                             2                            A. 2678

    1    FOR  PURPOSES  OF  THIS SECTION, "THE RIGHT TO COLLECT CONSUMER CREDIT
    2  DEBT" SHALL MEAN ANY ATTEMPTS BY THE CREDITOR, THIRD PARTY PURCHASER, OR
    3  OTHER AUTHORIZED THIRD PARTY TO COLLECT SUCH  DEBT  INCLUDING,  BUT  NOT
    4  LIMITED TO, CALLS, MAIL OR OTHER ATTEMPTS TO COLLECT.
    5    S  4.  The  civil  practice  law  and rules is amended by adding a new
    6  section 306-d to read as follows:
    7    S 306-D. ADDITIONAL MAILING OF NOTICE IN AN ACTION ARISING  OUT  OF  A
    8  CONSUMER  CREDIT TRANSACTION. 1. AT THE TIME OF FILING WITH THE CLERK OF
    9  THE PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IN AN  ACTION  ARISING
   10  OUT  OF A CONSUMER CREDIT TRANSACTION, THE PLAINTIFF SHALL SUBMIT TO THE
   11  CLERK A STAMPED ENVELOPE ADDRESSED TO  THE  DEFENDANT  TOGETHER  WITH  A
   12  WRITTEN  NOTICE  IN  CLEAR TYPE OF NO LESS THAN TWELVE-POINT IN SIZE, IN
   13  BOTH ENGLISH AND SPANISH, AND CONTAINING THE FOLLOWING LANGUAGE:
   14                              NOTICE OF LAWSUIT
   15  (DATE)

   16  (NAME OF COURT)
   17  (COUNTY)
   18  (STREET ADDRESS, ROOM NUMBER)
   19  (CITY, STATE, ZIP CODE)

   20  (NAME OF DEFENDANT)
   21  (ADDRESS OF DEFENDANT)

   22  PLAINTIFF:__________________________________
   23  DEFENDANT:__________________________________
   24  NAME OF ORIGINAL CREDITOR, UNLESS SAME:______________________________
   25  INDEX NUMBER:_______________________________

   26  ATTENTION: A LAWSUIT HAS BEEN FILED AGAINST YOU CLAIMING  THAT  YOU  OWE
   27  MONEY FOR AN UNPAID CREDIT CARD, MEDICAL, STUDENT LOAN OR OTHER DEBT.
   28  YOU  SHOULD  GO TO THE COURT CLERK'S OFFICE AT THE ABOVE ADDRESS AS SOON
   29  AS POSSIBLE TO RESPOND TO THE LAWSUIT. YOU MAY WISH TO CONTACT AN ATTOR-
   30  NEY. IF YOU DO NOT HAVE AN ATTORNEY, HELP IS AVAILABLE AT THE COURT.
   31  IF YOU DO NOT RESPOND TO THE LAWSUIT, THE COURT  MAY  ENTER  A  JUDGMENT
   32  AGAINST  YOU.  ONCE  ENTERED, A JUDGMENT IS GOOD AND CAN BE USED AGAINST
   33  YOU FOR TWENTY YEARS, AND  YOUR  MONEY,  INCLUDING  A  PORTION  OF  YOUR
   34  PAYCHECK  AND/OR  BANK ACCOUNT, MAY BE TAKEN. ALSO, A JUDGMENT WILL HURT
   35  YOUR CREDIT SCORE AND CAN AFFECT YOUR ABILITY TO RENT  A  HOME,  FIND  A
   36  JOB, OR TAKE OUT A LOAN.
   37  YOU CANNOT BE ARRESTED OR SENT TO JAIL FOR OWING A DEBT.
   38  IT IS IMPORTANT THAT YOU GO TO THE COURT CLERK'S OFFICE LISTED ABOVE AND
   39  BRING  THIS NOTICE WITH YOU.  ADDITIONAL INFORMATION CAN BE FOUND AT THE
   40  COURT SYSTEM WEBSITE AT:  WWW.COURTS.STATE.NY.US
   41    2. THE FACE OF THE ENVELOPE SHALL BE ADDRESSED TO THE DEFENDANT AT THE
   42  ADDRESS AT WHICH PROCESS WAS SERVED, AND SHALL CONTAIN  THE  DEFENDANT'S
   43  NAME, ADDRESS (INCLUDING APARTMENT NUMBER) AND ZIP CODE. THE FACE OF THE
   44  ENVELOPE  ALSO  SHALL STATE THE APPROPRIATE CLERK'S OFFICE AS ITS RETURN
   45  ADDRESS.
   46    3. THE CLERK  PROMPTLY  SHALL  MAIL  TO  THE  DEFENDANT  THE  ENVELOPE
   47  CONTAINING  THE  ADDITIONAL  NOTICE SET FORTH IN SUBDIVISION ONE OF THIS
   48  SECTION. NO DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO  ANSWER
   49  SHALL BE ENTERED UNLESS THERE HAS BEEN COMPLIANCE WITH THIS SECTION, AND
   50  AT LEAST TWENTY DAYS HAVE ELAPSED FROM THE DATE OF MAILING BY THE CLERK.
   51    S  5.  Subdivision  (a)  of section 3012 of the civil practice law and
   52  rules is amended to read as follows:
       S. 2454                             3                            A. 2678

    1    (a) Service of  pleadings.  The  complaint  may  be  served  with  the
    2  summons, EXCEPT THAT IN AN ACTION ARISING OUT OF A CONSUMER CREDIT TRAN-
    3  SACTION,  THE  COMPLAINT  SHALL BE SERVED WITH THE SUMMONS. A subsequent
    4  pleading asserting new or additional claims for relief shall  be  served
    5  upon  a party who has not appeared in the manner provided for service of
    6  a summons. In any other case, a pleading shall be served in  the  manner
    7  provided  for service of papers generally. Service of an answer or reply
    8  shall be made within twenty days after service of the pleading to  which
    9  it responds.
   10    S  6.    Rule  3016  of the civil practice law and rules is amended by
   11  adding a new subdivision (i) to read as follows:
   12    (I) CONSUMER CREDIT TRANSACTIONS.  IN  AN  ACTION  ARISING  OUT  OF  A
   13  CONSUMER  CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A
   14  DEFENDANT, THE CONTRACT OR OTHER WRITTEN INSTRUMENT ON WHICH THE  ACTION
   15  IS  BASED  SHALL BE ATTACHED TO THE COMPLAINT AND THE FOLLOWING INFORMA-
   16  TION SHALL BE SET FORTH IN THE COMPLAINT:
   17    1. THE NAME OF THE ORIGINAL CREDITOR;
   18    2. THE LAST FOUR DIGITS OF THE ORIGINAL ACCOUNT NUMBER;
   19    3. THE DATE AND AMOUNT OF THE LAST PAYMENT;
   20    4. IF THE COMPLAINT CONTAINS A CAUSE OF ACTION  BASED  ON  AN  ACCOUNT
   21  STATED,  THE  DATE THAT THE FINAL STATEMENT OF ACCOUNT WAS MAILED TO THE
   22  DEFENDANT;
   23    5. AN ITEMIZATION OF THE AMOUNT SOUGHT, BY (I) PRINCIPAL; (II) FINANCE
   24  CHARGE OR CHARGES; (III) FEES IMPOSED BY  THE  ORIGINAL  CREDITOR;  (IV)
   25  COLLECTION  COSTS;  (V)  ATTORNEY'S  FEES;  (VI) INTEREST; AND (VII) ANY
   26  OTHER FEES AND CHARGES. THE TERM "FINANCE CHARGE" MEANS A FINANCE CHARGE
   27  AS DEFINED IN REGULATION Z, 12 C.F.R. S 226.4.
   28    6. WHETHER THE PLAINTIFF IS THE ORIGINAL CREDITOR. IF THE PLAINTIFF IS
   29  NOT THE ORIGINAL CREDITOR, THE COMPLAINT SHALL STATE  (I)  THE  DATE  ON
   30  WHICH  THE DEBT WAS ASSIGNED TO THE PLAINTIFF; AND (II) THE NAME OF EACH
   31  PREVIOUS OWNER OF THE ACCOUNT  AND  THE  DATE  ON  WHICH  THE  DEBT  WAS
   32  ASSIGNED TO THAT OWNER.
   33    7.  ANY  MATTERS  REQUIRED TO BE STATED WITH PARTICULARITY PURSUANT TO
   34  RULE 3015 OF THIS ARTICLE.
   35    S 7. Subdivision (e) of rule 3211 of the civil practice law and rules,
   36  as amended by chapter 616 of the laws of 2005, is  amended  to  read  as
   37  follows:
   38    (e)  Number,  time  and waiver of objections; motion to plead over. At
   39  any time before service of the responsive pleading is required, a  party
   40  may  move  on one or more of the grounds set forth in subdivision (a) OF
   41  THIS RULE, and no more than one such  motion  shall  be  permitted.  Any
   42  objection  or  defense  based upon a ground set forth in paragraphs one,
   43  three, four, five and six of subdivision (a)  OF  THIS  RULE  is  waived
   44  unless  raised  either  by  such motion or in the responsive pleading. A
   45  motion based upon a ground specified in paragraph two, seven or  ten  of
   46  subdivision  (a) OF THIS RULE may be made at any subsequent time or in a
   47  later pleading, if one is permitted; IN ANY ACTION OTHER THAN AN  ACTION
   48  ARISING OUT OF A CONSUMER CREDIT TRANSACTION WHERE A PURCHASER, BORROWER
   49  OR  DEBTOR  IS A DEFENDANT, an objection that the summons and complaint,
   50  summons with notice, or notice of petition and petition was not properly
   51  served is waived if, having raised such an objection in a pleading,  the
   52  objecting  party  does not move for judgment on that ground within sixty
   53  days after serving the pleading, unless the court extends the time  upon
   54  the  ground of undue hardship. The foregoing sentence shall not apply in
   55  any proceeding under subdivision one or two  of  section  seven  hundred
   56  eleven  of  the real property actions and proceedings law. The papers in
       S. 2454                             4                            A. 2678

    1  opposition to a motion based on improper service shall contain a copy of
    2  the proof of service, whether or  not  previously  filed.  An  objection
    3  based  upon a ground specified in paragraph eight or nine of subdivision
    4  (a)  OF  THIS  RULE is waived if a party moves on any of the grounds set
    5  forth in subdivision (a) OF THIS RULE without raising such objection  or
    6  if,  having  made no objection under subdivision (a) OF THIS RULE, he or
    7  she does not raise such objection in the responsive pleading.
    8    S 8. Subdivision (f) of section 3215 of the  civil  practice  law  and
    9  rules,  as  amended by chapter 453 of the laws of 2006, is amended and a
   10  new subdivision (j) is added to read as follows:
   11    (f) Proof. On any application for judgment by default,  the  applicant
   12  shall  file  proof  of  service  of  the summons and the complaint, or a
   13  summons and notice served pursuant to subdivision (b)  of  rule  305  or
   14  subdivision  (a)  of  rule  316  of this chapter, and proof of the facts
   15  constituting the claim, the default and the amount due by affidavit made
   16  by the party, or where the state of New York is the plaintiff, by  affi-
   17  davit  made  by  an attorney from the office of the attorney general who
   18  has or obtains knowledge of such facts through review of  state  records
   19  or otherwise. Where a verified complaint has been served, it may be used
   20  as the affidavit of the facts constituting the claim and the amount due;
   21  in  such case, an affidavit as to the default shall be made by the party
   22  or the party's attorney. IN AN ACTION ARISING OUT OF A  CONSUMER  CREDIT
   23  TRANSACTION,  IF  THE PLAINTIFF IS NOT THE ORIGINAL CREDITOR, THE APPLI-
   24  CANT SHALL INCLUDE: (I) AN AFFIDAVIT BY THE  ORIGINAL  CREDITOR  OF  THE
   25  FACTS CONSTITUTING THE DEBT, THE DEFAULT IN PAYMENT, THE SALE OR ASSIGN-
   26  MENT  OF THE DEBT, AND THE AMOUNT DUE AT THE TIME OF SALE OR ASSIGNMENT;
   27  (II) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE DEBT TO ANOTHER ENTI-
   28  TY, AN AFFIDAVIT OF SALE OF THE DEBT BY THE DEBT  SELLER,  COMPLETED  BY
   29  THE  SELLER  OR  ASSIGNOR;  AND  (III)  AN AFFIDAVIT OF A WITNESS OF THE
   30  PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE OF THE DEBT, COMPLETED BY THE
   31  PLAINTIFF OR PLAINTIFF'S WITNESS.  When  jurisdiction  is  based  on  an
   32  attachment  of  property,  the  affidavit  must  state  that an order of
   33  attachment granted in the action has been levied on the property of  the
   34  defendant,  describe  the property and state its value. Proof of mailing
   35  the notice required by subdivision (g) of this section,  where  applica-
   36  ble, shall also be filed.
   37    (J)  A  REQUEST  FOR  A DEFAULT JUDGMENT ENTERED BY THE CLERK, MUST BE
   38  ACCOMPANIED BY AN AFFIDAVIT BY THE DEBT COLLECTOR (WHO MAY BE THE PLAIN-
   39  TIFF OR PLAINTIFF'S ATTORNEY) STATING THAT AFTER REASONABLE INQUIRY,  HE
   40  OR  SHE  HAS  REASON  TO BELIEVE THAT THE STATUTE OF LIMITATIONS HAS NOT
   41  EXPIRED.
   42    S 9. The civil practice law and rules  is  amended  by  adding  a  new
   43  section 7515 to read as follows:
   44    S  7515.  CONFIRMATION  OF  AN AWARD BASED ON A CONSUMER CREDIT TRANS-
   45  ACTION. IN ANY PROCEEDING UNDER SECTION 7510 OF THIS ARTICLE TO  CONFIRM
   46  AN  AWARD  BASED  ON A CONSUMER CREDIT TRANSACTION, THE PARTY SEEKING TO
   47  CONFIRM THE AWARD SHALL PLEAD THE ACTUAL TERMS  AND  CONDITIONS  OF  THE
   48  AGREEMENT  TO  ARBITRATE. THE PARTY SHALL ATTACH TO ITS PETITION (1) THE
   49  AGREEMENT TO ARBITRATE; (2) THE DEMAND  FOR  ARBITRATION  OR  NOTICE  OF
   50  INTENTION  TO  ARBITRATE, WITH PROOF OF SERVICE; AND (3) THE ARBITRATION
   51  AWARD, WITH PROOF OF SERVICE. IF THE AWARD DOES NOT CONTAIN A  STATEMENT
   52  OF THE CLAIMS SUBMITTED FOR ARBITRATION, OF THE CLAIMS RULED UPON BY THE
   53  ARBITRATOR,  AND OF THE CALCULATION OF FIGURES USED BY THE ARBITRATOR IN
   54  ARRIVING AT THE AWARD, THEN THE PETITION SHALL CONTAIN SUCH A STATEMENT.
   55  THE COURT SHALL NOT GRANT CONFIRMATION OF AN AWARD BASED ON  A  CONSUMER
       S. 2454                             5                            A. 2678

    1  CREDIT  TRANSACTION  UNLESS  THE  PARTY SEEKING TO CONFIRM THE AWARD HAS
    2  COMPLIED WITH THIS SECTION.
    3    S 10. This act shall take effect on the first of January next succeed-
    4  ing  the  date  on which it shall have become a law, except that section
    5  three of this act shall take effect on  the  one  hundred  fiftieth  day
    6  after this act shall have become a law.
Go to top
Page display time = 0.1907 sec