Minnesota Bill Moving – Member Assistance Needed!
As DBA has reported previously, in Minnesota, Senator Ron Latz introduced Senate Bill SF33, and Representative Debra Hilstrom introduced House Bill HF80. The bills define the requirements to obtain a judgment by default in debt buying cases and require a hearing to take place on all requests for default judgment. The bills, as drafted, would make it difficult for debt buyers to obtain judgments by default and its language would create serious issues for debt buyers and the courts. Further, it is anticipated that the bills could potentially lead to FDCPA lawsuits by the consumer bar.
Click the following links for copies of SF33 and HF80. To summarize, the bills would require:
- A copy of the written contract between the debtor and original creditor or other evidence establishing the terms of the contract.
- Evidence establishing that the defendant owes the debt and that the amount claimed to be owed is accurate.
- An itemization of the balance owed at the time the debt was first assigned.
- A breakdown of post-assignment fees, interest, and interest rates.
- Documentation establishing chain of assignment.
- Proof that a summons and complaint were properly served and no timely answer was filed.
- Proof that the debtor was provided notice of the default judgment motion and hearing.
DBA appreciates the substantial efforts of the Minnesota Creditors Rights Association and DBA Member and State Legislative Chair Bill Hicks. DBA will continue to play an instrumental role but funds are needed to hire a lobbyist to assist with the efforts of DBA and the Minnesota Creditors Rights Association as continuing efforts will require negotiations with the House, Senate, Attorney General and the Minnesota courts. These bills remain of great concern to DBA.
DBA needs your assistance in defraying the costs of hiring a Minnesota lobbyist due to the number of bills pending around the country as well as these Minnesota bills. Please consider an earmarked donation to help pay for our Minnesota efforts by clicking here! Any dollar amount is welcomed and would be appreciated as we continue to work hard for our membership.