Alert May 13, 2014

New York State Court Proposes Debt Collection Rules

Courts in New York proposed amendments to court rules aimed at “reform[ing]” consumer credit collection cases in order to “prevent unwarranted default judgments and ensure a fair legal process.” The amendments would require that creditors submit “affidavits of facts” based on personal knowledge detailing the date and amount of the last payment and the itemization of how the amount was calculated. The affidavits of facts must include a copy of the original credit agreement. The amendments would require creditors to submit affidavits of the non-expiration of the statute of limitations and debtors without representation would be given resources and assistance in responding to debt collection complaints. The amendments also contain requirements for debt buyers bringing collection actions in court. Comments on the amendments are due May 30, 2014.