Today, the New York State Office of Court Administration (OCA) issued four new form affidavits that, effective immediately, need to be used when applying for default judgments on consumer credit transactions on revolving and non-revolving accounts. A consumer credit transaction is defined as “a transaction wherein credit is extended to an individual and the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.”

These forms replace the collection form affidavits first adopted by OCA in 2014. The four affidavits are:

OCA updated the form affidavits to be compliant with the requirements contained in the Consumer Credit Fairness Act (CCFA) which was signed into law in November 2021. The term “original creditor” in the CCFA means the entity that owned a consumer credit account at the date of default giving rise to a cause of action. Please note that this changes the prior definition of “original creditor” issued in 2014 by the OCA which was based on the creditor at the time of charge-off.  See related RMAI Member Alert issued on November 10, 2021.

RMAI recommends that you share this Member Alert with those in your business responsible for compliance, the purchase and sale of accounts, and litigation.

This Member Alert is intended for members of the Receivables Management Association International, is for informational purposes only, and is in no way intended to provide legal advice. Members are encouraged to consult with an attorney of their choice for legal advice concerning this matter.