CONTENTS
- State Updates: Illinois, Nevada
- RMAI Legislative Fund: Virtual Silent Auction Closes August 28 – Bid Now!
- RMAI COVID-19 Resources
State Updates: Order Extended, Reopening Lookup Wizard
Illinois Executive Order Extended
On August 21, 2020, due to the continued impact of the COVID-19 pandemic, the Governor reissued a number of Executive orders to protect the citizens of Illinois. Of significance to members of RMAI, is the reissuance of Executive Order 2020-25. This Order temporarily suspends the rights of a judgment creditor to:
- Serve a garnishment summons for money or property belonging to a judgment debtor and effectuate a lien;
- Serve a wage deduction summons on an employer and effectuate a lien; or
- Serve a citation to discover assets for the purposes of examining the judgment debtor or any other person to discover assets or income of the debtor not exempt from the enforcement of a judgment.
The reissuance of this Executive Order extends the protections afforded debtors until September 19, 2020.
So, what does this mean? In the short run, the rights of creditors with regard to these three collection remedies are suspended until at least September 20th. However, the Executive Order does not apply to domestic support obligations, child support obligations or spousal maintenance obligations. Members of RMAI who collect judgments in the state of Illinois should continue to suspend these actions throughout the term of the extension and to watch for the likely reissuance of these orders in the future until the risks associated with COVID-19 have subsided.
Click here to review the Governor’s announcement.
Nevada Telework Authorization for Collection Agencies Expired
Earlier this year in direct response to the COVID-19 pandemic, Nevada issued one of the most prescriptive Orders in the nation affecting debt collection. Additionally, and also in response to COVID-19, Nevada identified certain industries as essential and nonessential. Debt collection fell into the nonessential category. This meant as a nonessential industry the employees of licensed debt collection agencies were permitted to work from home on a temporary basis.
On May 30, 2020, the temporary waiver for telecommuting outside of the authorized licensed location issued by the State of Nevada, Department of Business and Industry, Financial Institution Division expired. As a result, debt collectors employed by agencies licensed by the State of Nevada were no longer permitted to work from home.
So, what does this mean? RMAI members licensed to collect debt in the State of Nevada, regardless of the location of their brick and motor offices, must require collectors who collect debt from Nevada residents to work from the physical location of the licensed collection agency.
Support the RMAI Legislative Fund: Virtual Silent Auction Closes August 28 – Bid Now!
The reach of RMAI’s advocacy efforts extends to COVID-19 related actions as well as state and federal regulatory and legislative activity. Support the Legislative Fund by bidding on items in our virtual Silent Auction. The Auction Catalog includes gift cards and golf, cigars and spirits, barbeque and baseball, toys and art, overnight stays and tech and trending gadgets and gizmos. Bid now to fund advocacy efforts!
Click here to access the Silent Auction online.
RMAI COVID-19 Resources
Visit the RMAI COVID-19 resource page on the RMAI website to access other legislative and regulatory guidance and relevant information, RMAI Member Alerts, COVID-19 recorded webinars, and more.
RMAI’s Commitment to Consumers and FAQs is posted in the Resources for Businesses, Employers and Consumers section of the COVID-19 resource page as well as on the Consumers page of the RMAI website.
This alert is intended for members of the Receivables Management Association International and 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.