New York State Court of Appeals Proposes New Filing Requirements
DBA International Solicits Input from Members by May 19, 2014
On April 30, 2014, Jonathan Lippman, Chief Judge of the New York State Court of Appeals, proposed new filing requirements for debt collection lawsuits commenced in New York courts that center on a series of detailed court affidavits. View the proposed reforms here.
The most egregious of the proposed changes to court rules and procedures are:
- The omission of a grandfathering clause so that the rules would only apply to prospective debt
- Submission of the original copy of the original agreement/contract
- Account level affidavits from the Originating Creditor and any and all previous owners of the debt
- Affidavit of Non-Expiration of Statute of Limitations
DBA International is in the process of formulating a thoughtful response on behalf of the DBA membership which will highlight our areas of concern and propose reasonable solutions which we will respectfully ask the Court of Appeals to consider before the issuance of the final rule.
Urgent: Member Call to Action
Time is of the essence. The 30-day comment period expires May 30, with full implementation expected by June 15, 2014. According to this timeframe, opposing views and comments will be given only 15 days of consideration.
DBA International welcomes all input which the membership wishes to provide while we work to finalize our response. Please forward your comments or suggestions to [email protected] with “NYS Comment” in the subject line by May 19, 2014.
May 8, 2014