summary
Introduced
02/16/2023
02/16/2023
In Committee
02/16/2023
02/16/2023
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
193rd General Court
Bill Summary
Relative to the collection of consumer debt. Financial Services.
AI Summary
This bill proposes the Debt Collection Fairness Act, which aims to provide protections for consumers regarding the collection of consumer debt. Key provisions include:
1. Exempting a portion of a consumer's weekly earnings from garnishment to satisfy a judgment for a consumer debt, and limiting the maximum amount that can be garnished from excess earnings. Consumers can also seek additional hardship exemptions.
2. Establishing a 4-year statute of limitations for the collection of consumer debt, and prohibiting the revival or extension of this period through partial payments.
3. Requiring creditors to provide written notice to consumers before initiating supplementary proceedings, and prohibiting the issuance of warrants to compel consumer attendance without evidence of proper notice.
4. Capping the interest rate on judgments for consumer debt at 2% per annum, and limiting the recovery of attorney's fees. Prevailing consumers are also entitled to reasonable attorney's fees.
The bill also clarifies that certain pension and child support income are exempt from collection for consumer debt. Violations of the Act's provisions are also considered violations of the state's consumer protection law.
Committee Categories
Business and Industry
Sponsors (11)
Christine Barber (D)*,
Tram Nguyen (D)*,
Michelle Ciccolo (D),
Pat Duffy (D),
Vanna Howard (D),
Patrick Kearney (D),
David LeBoeuf (D),
Sam Montaño (D),
Jim O'Day (D),
Becca Rausch (D),
Lindsay Sabadosa (D),
Last Action
Accompanied a new draft, see H4429 (on 02/26/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/193/H1107 |
| BillText | https://malegislature.gov/Bills/193/H1107.pdf |
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