summary
Introduced
03/14/2024
03/14/2024
In Committee
03/25/2024
03/25/2024
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
193rd General Court
Bill Summary
For legislation relative to fairness in debt collection, report the accompanying bill (Senate, No. 2638).
AI Summary
This bill proposes the "Debt Collection Fairness Act" to provide several protections for consumers with regards to debt collection. The key provisions include:
1. Exempting 90% of a consumer's gross weekly wages or 65 times the minimum wage from garnishment to collect consumer debt, with the option for the consumer to claim additional hardship exemptions.
2. Establishing a 5-year statute of limitations for the collection of consumer debt, and prohibiting the revival or extension of the statute of limitations through partial payments.
3. Requiring at least 30 days' notice before a supplementary proceeding or payment review hearing, and prohibiting the issuance of warrants to compel a consumer's attendance without evidence of proper notice.
4. Limiting interest rates on consumer debt judgments to 12% per year, and lowering the rate to 3% for judgments entered or renewed after January 1, 2025.
5. Limiting attorney's fees that can be collected on consumer debt to 15% of the debt amount, unless a reasonable fee is calculated based on the work performed.
The bill also provides that violations of these provisions will be deemed violations of the state's consumer protection law.
Committee Categories
Budget and Finance
Sponsors (6)
Mike Barrett (D),
Sal DiDomenico (D),
Jamie Eldridge (D),
Vanna Howard (D),
Joan Lovely (D),
Becca Rausch (D),
Other Sponsors (1)
Joint Committee on Financial Services (Joint)
Last Action
New draft substituted, see S2713 (on 03/28/2024)
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/S2638 |
| BillText | https://malegislature.gov/Bills/193/S2638.pdf |
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