Bill Text: MN HF80 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Assigned consumer debt default judgments regulated, limitation period provided to bring an action arising out of consumer debt, and bail amount set for failure to comply with judgment debtor disclosure requirements in consumer debt cases.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 104 [HF80 Detail]
Download: Minnesota-2013-HF80-Engrossed.html
Bill Title: Assigned consumer debt default judgments regulated, limitation period provided to bring an action arising out of consumer debt, and bail amount set for failure to comply with judgment debtor disclosure requirements in consumer debt cases.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 104 [HF80 Detail]
Download: Minnesota-2013-HF80-Engrossed.html
1.2relating to judgments; regulating assigned consumer debt default judgments;
1.3proposing coding for new law in Minnesota Statutes, chapter 548.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [548.101] ASSIGNED CONSUMER DEBT DEFAULT JUDGMENTS.
1.6A party entitled to a judgment by default in a conciliation court or district court
1.7action upon an assigned obligation arising out of any consumer debt that is primarily for
1.8personal, family, or household purposes and in default at the time of assignment shall
1.9apply to the court and submit, in addition to the application for judgment:
1.10(1) a copy of the written contract between the debtor and original creditor or, if there
1.11was no written contract, other admissible evidence establishing the terms of the contract
1.12between the debtor and the original creditor, including the moving party's entitlement to
1.13the amounts described in clause (3);
1.14(2) admissible evidence establishing that the defendant owes the debt;
1.15(3) admissible evidence establishing that the amount claimed to be owed is accurate,
1.16including a breakdown of the balance owed at the time the debt was first assigned to
1.17another party by the original creditor and a breakdown of post-assignment fees, interest,
1.18and interest rates;
1.19(4) documentation establishing a valid and complete chain of assignment of the debt
1.20from the original creditor to the moving party, including documentation or a bill of sale
1.21evidencing the assignment with proof that the particular debt at issue was included in the
1.22assignment referenced in the documentation or bill of sale;
1.23(5) proof that a summons and complaint were properly served on the debtor and that
1.24the debtor did not serve a timely answer in district court cases, or in conciliation court
2.1cases, proof that the party seeking the judgment used reasonable efforts to provide the
2.2court with the correct address for the debtor; and
2.3(6) proof that the debtor was provided notice of the request, application, or motion
2.4for default judgment in district court cases.
2.5EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.6requests, applications, and motions for default judgment and conciliation court cases
2.7filed on or after August 1, 2013.
1.3proposing coding for new law in Minnesota Statutes, chapter 548.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [548.101] ASSIGNED CONSUMER DEBT DEFAULT JUDGMENTS.
1.6A party entitled to a judgment by default in a conciliation court or district court
1.7action upon an assigned obligation arising out of any consumer debt that is primarily for
1.8personal, family, or household purposes and in default at the time of assignment shall
1.9apply to the court and submit, in addition to the application for judgment:
1.10(1) a copy of the written contract between the debtor and original creditor or, if there
1.11was no written contract, other admissible evidence establishing the terms of the contract
1.12between the debtor and the original creditor, including the moving party's entitlement to
1.13the amounts described in clause (3);
1.14(2) admissible evidence establishing that the defendant owes the debt;
1.15(3) admissible evidence establishing that the amount claimed to be owed is accurate,
1.16including a breakdown of the balance owed at the time the debt was first assigned to
1.17another party by the original creditor and a breakdown of post-assignment fees, interest,
1.18and interest rates;
1.19(4) documentation establishing a valid and complete chain of assignment of the debt
1.20from the original creditor to the moving party, including documentation or a bill of sale
1.21evidencing the assignment with proof that the particular debt at issue was included in the
1.22assignment referenced in the documentation or bill of sale;
1.23(5) proof that a summons and complaint were properly served on the debtor and that
1.24the debtor did not serve a timely answer in district court cases, or in conciliation court
2.1cases, proof that the party seeking the judgment used reasonable efforts to provide the
2.2court with the correct address for the debtor; and
2.3(6) proof that the debtor was provided notice of the request, application, or motion
2.4for default judgment in district court cases.
2.5EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.6requests, applications, and motions for default judgment and conciliation court cases
2.7filed on or after August 1, 2013.
