Bill Text: NY S04750 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to action arising out of consumer debt; defines consumer debt and replaces consumer credit transaction with such term.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S04750 Detail]

Download: New_York-2023-S04750-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4750

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and  rules,  the  New  York  city
          civil  court act, the judiciary law and the uniform city court act, in
          relation to redefining consumer credit transaction to consumer debt

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 105 of the civil practice law and rules is amended
     2  by adding a new subdivision (f-1) to read as follows:
     3    (f-1) Consumer debt. The term "consumer debt" means any obligation  or
     4  alleged  obligation,  whether  contingent  or  absolute,  of any natural
     5  person to pay money arising out of a transaction  in  which  the  money,
     6  property, insurance or services which are the subject of the transaction
     7  are primarily for personal, family or household purposes, whether or not
     8  such obligation has been reduced to judgment, including, but not limited
     9  to, a consumer credit transaction, as defined in subdivision (f) of this
    10  section  and  medical  debt,  as referenced in section two hundred thir-
    11  teen-d of this chapter. "Consumer debt" shall not include consumer  debt
    12  secured by real property.
    13    §  2.  Subdivision (a) of section 301 of the New York city civil court
    14  act, as amended by chapter 238 of the laws of 1973, is amended  to  read
    15  as follows:
    16    (a)  in  an  action  arising  out  of  a [consumer credit transaction]
    17  consumer debt where a purchaser, borrower, or a debtor is  a  defendant,
    18  if  a  defendant resides in the city of New York, or if such transaction
    19  took place therein, in the county in which a defendant  resides  at  the
    20  commencement  thereof  or  in  the county in which such transaction took
    21  place, and in all other cases, in the county in which one of the parties
    22  resides at the commencement thereof; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09128-01-3
        S. 4750                             2

     1    § 3. Subdivision (d) of section 401 of the New York city  civil  court
     2  act,  as added by chapter 302 of the laws of 1970, is amended to read as
     3  follows:
     4    (d)  The  summons  served in an action arising from a [consumer credit
     5  transaction] consumer debt must be printed legibly in both  Spanish  and
     6  English.
     7    §  4.  Subdivisions (b-1) and (n) of section 1911 of the New York city
     8  civil court act, as added by section 3 of part K of chapter  56  of  the
     9  laws of 2010, are amended to read as follows:
    10    (b-1)  Upon  filing the first paper in an action or proceeding arising
    11  out of a [consumer credit  transaction]  consumer  debt  as  defined  in
    12  subdivision  [(f)]  (f-1) of section one hundred five of the civil prac-
    13  tice law and rules, an additional ninety-five dollars.
    14    (n) Upon the filing of a judgment by a plaintiff on or after September
    15  first, two thousand ten in an action or  proceeding  arising  out  of  a
    16  [consumer  credit  transaction]  consumer debt as defined in subdivision
    17  [(f)] (f-1) of section one hundred five of the civil  practice  law  and
    18  rules,  ninety-five  dollars,  provided  such  action  or proceeding was
    19  commenced prior to such date and no  additional  fee  was  paid  therein
    20  pursuant to subdivision (b-1) of this section.
    21    §  5.  Section 2101 of the New York city civil court act is amended by
    22  adding a new subdivision (h) to read as follows:
    23    (h) "Consumer debt" means any obligation or alleged obligation, wheth-
    24  er contingent or absolute, of any natural person to  pay  money  arising
    25  out of a transaction in which the money, property, insurance or services
    26  which  are  the  subject  of the transaction are primarily for personal,
    27  family or household purposes, whether or not such  obligation  has  been
    28  reduced  to  judgment,  including  but not limited to, a consumer credit
    29  transaction, as defined in subdivision (g) of  this  section.  "Consumer
    30  debt" shall not include consumer debt secured by real property.
    31    §  6.  Section  214-i of the civil practice law and rules, as added by
    32  chapter 593 of the laws of 2021, is amended to read as follows:
    33    § 214-i. Certain actions arising out of [consumer credit transactions]
    34  consumer debt to be commenced within three years. An action arising  out
    35  of  a  [consumer  credit  transaction]  consumer debt where a purchaser,
    36  borrower or debtor is a defendant must be commenced within three  years,
    37  except  as provided in section two hundred thirteen-a of this article or
    38  article 2 of the uniform commercial code or article 36-B of the  general
    39  business  law.    Notwithstanding  any  other provision of law, when the
    40  applicable limitations period expires, any  subsequent  payment  toward,
    41  written  or  oral  affirmation of or other activity on the debt does not
    42  revive or extend the limitations period.
    43    § 7. Subdivision (a) of rule 305 of the civil practice law and  rules,
    44  as  amended  by  chapter  39  of the laws of 1996, is amended to read as
    45  follows:
    46    (a) Summons; supplemental summons. A summons shall specify  the  basis
    47  of the venue designated and if based upon the residence of the plaintiff
    48  it  shall specify the plaintiff's address, and also shall bear the index
    49  number assigned and the date of filing with the clerk of  the  court.  A
    50  third-party  summons shall also specify the date of filing of the third-
    51  party summons with the clerk of the court.   The summons  in  an  action
    52  arising out of a [consumer credit transaction] consumer debt shall prom-
    53  inently  display  at  the top of the summons the words ["consumer credit
    54  transaction"] "consumer debt" and, where a purchaser, borrower or debtor
    55  is a defendant, shall specify the county of residence of a defendant, if
    56  one resides within the state, and the county where the [consumer  credit
        S. 4750                             3

     1  transaction]  transaction from which the consumer debt arose took place,
     2  if it is within the state.  Where, upon order of the court or by  stipu-
     3  lation  of  all  parties  or as of right pursuant to section 1003, a new
     4  party  is  joined in the action and the joinder is not made upon the new
     5  party's motion, a supplemental summons specifying the pleading which the
     6  new party must answer shall be filed with the clerk  of  the  court  and
     7  served upon such party.
     8    §  8. The section heading and the opening paragraph of subdivision (a)
     9  of section 306-d of the civil practice law and rules, as added by  chap-
    10  ter 593 of the laws of 2021, are amended to read as follows:
    11    Additional  mailing  of notice in [an action arising out of a consumer
    12  credit transaction] a consumer debt action.
    13    At the time of filing with the clerk of the proof of  service  of  the
    14  summons  and  complaint  in  an action arising out of a [consumer credit
    15  transaction] consumer debt, the plaintiff shall submit to  the  clerk  a
    16  stamped,  unsealed  envelope  addressed to the defendant together with a
    17  written notice in clear type of no less than twelve-point  in  size,  in
    18  both English and Spanish, and containing the following language:
    19    §  9.  Subdivision  (f)  of  section 503 of the civil practice law and
    20  rules, as added by chapter 238 of the laws of 1973, is amended  to  read
    21  as follows:
    22    (f)  [Consumer credit transaction] Consumer debt. In an action arising
    23  out of a [consumer credit transaction] consumer debt where a  purchaser,
    24  borrower or debtor is a defendant, the place of trial shall be the resi-
    25  dence  of  a  defendant,  if  one resides within the state or the county
    26  where such transaction took place, if it is within  the  state,  or,  in
    27  other cases, as set forth in subdivision (a).
    28    §  10.  The  section heading and subdivision (a) of section 513 of the
    29  civil practice law and rules, as added by chapter 238  of  the  laws  of
    30  1973, are amended to read as follows:
    31    Misplacement  of venue in [consumer credit transactions] consumer debt
    32  actions. (a) In an action arising out of a [consumer credit transaction]
    33  consumer debt, the clerk shall not accept a summons for filing  when  it
    34  appears  upon  its face that the proper venue is a county other than the
    35  county where such summons is offered for filing.
    36    § 11. Subdivision (b) of section 601 of the  civil  practice  law  and
    37  rules,  as  added by chapter 602 of the laws of 1996, is amended to read
    38  as follows:
    39    (b) Two or more plaintiffs may join no more than five  claims  in  any
    40  one action or proceeding against the same defendant arising out of sepa-
    41  rate  [consumer  credit  transactions] consumer debts, provided that the
    42  plaintiffs are represented by the same attorney.
    43    § 12. Subparagraph (A) of paragraph 2 of subdivision  (b)  of  section
    44  2111 of the civil practice law and rules, as added by chapter 237 of the
    45  laws of 2015, is amended to read as follows:
    46    (A)  one  or  more  classes of cases (excluding matrimonial actions as
    47  defined by the civil practice law and rules, election  law  proceedings,
    48  proceedings brought pursuant to article seventy or seventy-eight of this
    49  chapter,  proceedings  brought pursuant to the mental hygiene law, resi-
    50  dential foreclosure actions involving  a  home  loan  as  such  term  is
    51  defined  in  section  thirteen hundred four of the real property actions
    52  and proceedings law and proceedings related to [consumer  credit  trans-
    53  actions] consumer debts as defined in subdivision [(f)] (f-1) of section
    54  one  hundred  five of this chapter, except that the chief administrator,
    55  in accordance with this paragraph,  may  eliminate  the  requirement  of
    56  consent  to  participate  in  this  program insofar as it applies to the
        S. 4750                             4

     1  initial filing by  a  represented  party  of  papers  required  for  the
     2  commencement of residential foreclosure actions involving a home loan as
     3  such  term is defined in section thirteen hundred four of the real prop-
     4  erty actions and proceedings law and the initial filing by a represented
     5  party  of papers required for the commencement of proceedings related to
     6  [consumer credit transactions] consumer debts as defined in  subdivision
     7  [(f)]  (f-1)  of  section  one  hundred five of this chapter) in supreme
     8  court in such counties as he or she shall specify, and
     9    § 13. Subdivision (a) of section 3012 of the civil  practice  law  and
    10  rules, as amended by chapter 593 of the laws of 2021, is amended to read
    11  as follows:
    12    (a)  Service  of  pleadings.  The  complaint  may  be  served with the
    13  summons, except that in an action arising  out  of  a  [consumer  credit
    14  transaction]  consumer  debt,  the  complaint  shall  be served with the
    15  summons. A subsequent pleading asserting new or  additional  claims  for
    16  relief  shall  be served upon a party who has not appeared in the manner
    17  provided for service of a summons. In any other case, a  pleading  shall
    18  be  served  in  the  manner  provided  for  service of papers generally.
    19  Service of an answer or reply shall be made  within  twenty  days  after
    20  service of the pleading to which it responds.
    21    §  14.  Subdivision  (j)  of  rule  3016 of the civil practice law and
    22  rules, as added by chapter 593 of the laws of 2021, is amended  to  read
    23  as follows:
    24    (j)  [Consumer credit transactions] Consumer debts. In an action aris-
    25  ing out of  a  [consumer  credit  transaction]  consumer  debt  where  a
    26  purchaser,  borrower  or  debtor  is  a defendant, the contract or other
    27  written instrument establishing the consumer debt on which the action is
    28  based shall be attached to the complaint, however, for the  purposes  of
    29  this section, if the account was a revolving credit account, the charge-
    30  off  statement  may be attached to the complaint instead of the contract
    31  or other written instrument[, and]. For all actions  arising  out  of  a
    32  consumer  debt,  the  following  information  shall  be set forth in the
    33  complaint:
    34    (1) The name of the original creditor;
    35    (2) The last four digits of the account number  printed  on  the  most
    36  recent  [monthly] statement recording a purchase or service transaction,
    37  last payment or balance transfer, or other unique  identifying  informa-
    38  tion associated with the consumer debt where no account number exists;
    39    (3)  The  date [and], amount, and recipient of the last payment or, if
    40  no payment was made, a statement that the purchaser, borrower or  debtor
    41  made no payment on the account;
    42    (4)  If  the  complaint contains a cause of action based on an account
    43  stated, the date on or about which the final statement  of  account  was
    44  provided to the defendant;
    45    (5)  (A)  Except as provided in subparagraph (B) of this paragraph, an
    46  itemization of the amount sought, by (i) principal; (ii) finance  charge
    47  or charges; (iii) fees imposed by the original creditor; (iv) collection
    48  costs;  (v) attorney's fees; (vi) interest; and (vii) any other fees and
    49  charges[.];
    50    (B) If the account was a revolving credit account, an  itemization  of
    51  the  amount  sought,  by:  (i)  the  total  amount of the debt due as of
    52  charge-off; (ii) the total amount of interest accrued since  charge-off;
    53  (iii)  the  total  amount  of non-interest charges or fees accrued since
    54  charge-off; and (iv) the total amount of payments and/or credits made on
    55  the debt since charge-off;
        S. 4750                             5

     1    (6) The account balance printed on the most recent [monthly] statement
     2  recording a purchase or service transaction,  last  payment  or  balance
     3  transfer;
     4    (7) (A) Whether the plaintiff is the original creditor[.];
     5    (B) If the plaintiff is not the original creditor, the complaint shall
     6  also  state  (i)  the date on which the debt was sold or assigned to the
     7  plaintiff; (ii) the name of each previous owner of the account from  the
     8  original  creditor  to  the plaintiff and the date on which the debt was
     9  assigned to that owner by the original creditor or subsequent owner; and
    10  (iii) the amount due at the time of the sale or assignment of  the  debt
    11  by the original creditor; and
    12    (8)  Any  matters required to be stated with particularity pursuant to
    13  rule 3015 of this article.
    14    § 15. Subdivision (e) of rule 3211  of  the  civil  practice  law  and
    15  rules, as amended by chapter 593 of the laws of 2021, is amended to read
    16  as follows:
    17    (e)  Number,  time  and waiver of objections; motion to plead over. At
    18  any time before service of the responsive pleading is required, a  party
    19  may  move  on one or more of the grounds set forth in subdivision (a) of
    20  this rule, and no more than one such  motion  shall  be  permitted.  Any
    21  objection  or  defense  based upon a ground set forth in paragraphs one,
    22  three, four, five and six of subdivision (a)  of  this  rule  is  waived
    23  unless  raised  either  by  such motion or in the responsive pleading. A
    24  motion based upon a ground specified in paragraph two, seven or  ten  of
    25  subdivision  (a) of this rule may be made at any subsequent time or in a
    26  later pleading, if one is permitted; an objection that the  summons  and
    27  complaint,  summons  with notice, or notice of petition and petition was
    28  not properly served is waived if, having raised such an objection  in  a
    29  pleading,  the objecting party does not move for judgment on that ground
    30  within sixty days after serving the pleading, unless the  court  extends
    31  the time upon the ground of undue hardship. The foregoing sentence shall
    32  not apply in any proceeding to collect a debt arising out of a [consumer
    33  credit  transaction]  consumer  debt  where a consumer is a defendant or
    34  under subdivision one or two of section seven hundred eleven of the real
    35  property actions and proceedings law. The  papers  in  opposition  to  a
    36  motion  based  on  improper service shall contain a copy of the proof of
    37  service, whether or not previously filed.  An  objection  based  upon  a
    38  ground  specified  in paragraph eight or nine of subdivision (a) of this
    39  rule is waived if a party moves on any  of  the  grounds  set  forth  in
    40  subdivision  (a)  of  this  rule  without  raising such objection or if,
    41  having made no objection under subdivision (a) of this rule, he  or  she
    42  does  not  raise such objection in the responsive pleading which, in any
    43  action to collect a debt arising out of a [consumer credit  transaction]
    44  consumer  debt  where  a  consumer  is a defendant, includes any amended
    45  responsive pleading.
    46    § 16. The opening paragraph, the opening paragraph of paragraph 1  and
    47  paragraph  3  of  subdivision (j) of rule 3212 of the civil practice law
    48  and rules, as added by chapter 593 of the laws of 2021, are  amended  to
    49  read as follows:
    50    Additional  notice  in  any action to collect a [debt arising out of a
    51  consumer credit transaction] consumer debt where a consumer is a defend-
    52  ant.
    53    At the time of service of  a  notice  of  motion  any  part  of  which
    54  requests summary judgment in whole or in part, where the moving party is
    55  a plaintiff and the respondent is a consumer defendant in [an] a consum-
    56  er debt action [to collect a debt arising out of a consumer credit tran-
        S. 4750                             6

     1  saction], and where the consumer defendant against whom summary judgment
     2  is  sought is not represented by an attorney, the plaintiff shall submit
     3  to the clerk a stamped, unsealed envelope  addressed  to  the  defendant
     4  together  with the following additional notice in English and Spanish to
     5  be printed in clear type no less than twelve-point in size:
     6    3. The chief administrative judge shall issue a Spanish translation of
     7  the notice in paragraph one of this subdivision and shall  maintain  and
     8  publish  the  URL  address for the web page containing consumer [credit]
     9  debt resources for unrepresented litigants.
    10    § 17. Section 3213 of the civil practice law and rules, as amended  by
    11  chapter 593 of the laws of 2021, is amended to read as follows:
    12    §  3213.  Motion  for  summary  judgment in lieu of complaint. When an
    13  action is based upon an instrument for the payment of money only or upon
    14  any judgment, the plaintiff may serve  with  the  summons  a  notice  of
    15  motion  for  summary  judgment  and  the  supporting papers in lieu of a
    16  complaint. The summons served with such motion papers shall require  the
    17  defendant  to  submit  answering  papers  on  the motion within the time
    18  provided in the notice of motion. The minimum time such motion shall  be
    19  noticed  to be heard shall be as provided by subdivision (a) of rule 320
    20  for making an appearance, depending upon the method of service.  If  the
    21  plaintiff  sets  the  hearing  date of the motion later than the minimum
    22  time therefor, he may require the defendant  to  serve  a  copy  of  his
    23  answering  papers  upon  him  within  such  extended period of time, not
    24  exceeding ten days, prior to such hearing date. No default judgment  may
    25  be  entered  pursuant  to  subdivision  (a) of section 3215 prior to the
    26  hearing date of the motion. If the motion  is  denied,  the  moving  and
    27  answering papers shall be deemed the complaint and answer, respectively,
    28  unless  the  court  orders  otherwise. The additional notice required by
    29  subdivision (j) of rule 3212 shall be applicable to a motion made pursu-
    30  ant to this section in any action to collect a [debt arising  out  of  a
    31  consumer credit transaction] consumer debt where a consumer is a defend-
    32  ant.
    33    §  18.  Subdivisions (f) and (j) of section 3215 of the civil practice
    34  law and rules, subdivision (f) as separately amended by chapters 593 and
    35  831 of the laws of 2021 and subdivision (j) as added by chapter  593  of
    36  the laws of 2021, are amended to read as follows:
    37    (f)  Proof.  On any application for judgment by default, the applicant
    38  shall file proof of service of the  summons  and  the  complaint,  or  a
    39  summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
    40  subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
    41  constituting  the  claim,  the default and the amount due, including, if
    42  applicable, a statement that the interest rate for consumer debt  pursu-
    43  ant  to section five thousand four of this chapter applies, by affidavit
    44  made by the party, or where the state of New York is the  plaintiff,  by
    45  affidavit  made  by  an attorney from the office of the attorney general
    46  who has or obtains knowledge of  such  facts  through  review  of  state
    47  records or otherwise. Where a verified complaint has been served, it may
    48  be  used  as  the  affidavit of the facts constituting the claim and the
    49  amount due; in such case, an affidavit as to the default shall  be  made
    50  by  the  party  or  the  party's attorney. In an action arising out of a
    51  [consumer credit transaction] consumer debt, if the plaintiff is not the
    52  original creditor, the applicant shall include: (1) an affidavit by  the
    53  original  creditor  of  the  facts constituting the debt, the default in
    54  payment, the sale or assignment of the debt, and the amount due  at  the
    55  time  of  sale or assignment; (2) for each subsequent assignment or sale
    56  of the debt to another entity, an affidavit of sale of the debt  by  the
        S. 4750                             7

     1  debt  seller,  completed by the seller or assignor; and (3) an affidavit
     2  of a witness of the plaintiff, which includes a chain of  title  of  the
     3  debt,  completed  by  the  plaintiff  or  plaintiff's witness. The chief
     4  administrative judge shall issue form affidavits to satisfy the require-
     5  ments  of  this  subdivision for [consumer credit transactions] consumer
     6  debts.  When jurisdiction is based on an  attachment  of  property,  the
     7  affidavit  must  state that an order of attachment granted in the action
     8  has been levied on the property of the defendant, describe the  property
     9  and state its value. Proof of mailing the notice required by subdivision
    10  (g) of this section, where applicable, shall also be filed.
    11    (j)  Affidavit. A request for a default judgment entered by the clerk,
    12  must be accompanied by an affidavit  by  the  plaintiff  or  plaintiff's
    13  attorney  stating that after reasonable inquiry, he or she has reason to
    14  believe that the statute of  limitations  has  not  expired.  The  chief
    15  administrative judge shall issue form affidavits to satisfy the require-
    16  ments  of  this  subdivision for [consumer credit transactions] consumer
    17  debts.
    18    § 19. Subdivision (b) of section 5004 of the civil  practice  law  and
    19  rules, as amended by chapter 831 of the laws of 2021, is amended to read
    20  as follows:
    21    (b)  For  the  purpose of this section "consumer debt" means any obli-
    22  gation or alleged obligation of any natural person to pay money  arising
    23  out of a transaction in which the money, property, insurance or services
    24  which  are  the  subject  of the transaction are primarily for personal,
    25  family or household purposes, whether or not such  obligation  has  been
    26  reduced  to  judgment[, including, but not limited to, a consumer credit
    27  transaction, as defined in subdivision (f) of section one  hundred  five
    28  of this chapter].
    29    §  20.  Section  7516 of the civil practice law and rules, as added by
    30  chapter 593 of the laws of 2021, is amended to read as follows:
    31    § 7516. Confirmation of an award based on a  [consumer  credit  trans-
    32  action]  consumer  debt.  In  any  proceeding under section 7510 of this
    33  article to confirm an award based on  a  [consumer  credit  transaction]
    34  consumer  debt,  the  party seeking to confirm the award shall plead the
    35  actual terms and conditions of the agreement  to  arbitrate.  The  party
    36  shall  attach  to  its  petition (a) the agreement to arbitrate; (b) the
    37  demand for arbitration or notice of intention to arbitrate,  with  proof
    38  of service; and (c) the arbitration award, with proof of service. If the
    39  award  does  not  contain  a statement of the claims submitted for arbi-
    40  tration, of the claims ruled upon by the arbitrator, and of  the  calcu-
    41  lation  of figures used by the arbitrator in arriving at the award, then
    42  the petition shall contain such a statement. The court shall  not  grant
    43  confirmation  of  an  award  based  on  a  [consumer credit transaction]
    44  consumer debt unless the party seeking to confirm the award has complied
    45  with this section.
    46    § 21. Paragraph (aa) of subdivision 2 of section 212 of the  judiciary
    47  law,  as added by chapter 593 of the laws of 2021, is amended to read as
    48  follows:
    49    (aa) Not later than  January  first,  two  thousand  twenty-two,  make
    50  available  Spanish  translations  of the additional notices in [consumer
    51  credit transaction] consumer debt actions and  proceedings  required  by
    52  section 306-d and subdivision (j) of rule 3212 of the civil practice law
    53  and  rules, and make available form affidavits required for a motion for
    54  default judgment in a [consumer credit transaction] consumer debt action
    55  or proceeding required by subdivision (f) of section 3215 of  the  civil
    56  practice law and rules.
        S. 4750                             8

     1    §  22. Paragraphs 1-a and 12 of subdivision (a) of section 1911 of the
     2  uniform city court act, as added by section 2 of part K of chapter 56 of
     3  the laws of 2010, are amended to read as follows:
     4    (1-a)  Upon  filing the first paper in an action or proceeding arising
     5  out of a [consumer credit  transaction]  consumer  debt  as  defined  in
     6  subdivision  [(f)]  (f-1) of section one hundred five of the civil prac-
     7  tice law and rules, an [addition] additional ninety-five dollars.
     8    (12) Upon the filing of a judgment by a plaintiff on or after  Septem-
     9  ber  first, two thousand ten in an action or proceeding arising out of a
    10  [consumer credit transaction] consumer debt as  defined  in  subdivision
    11  [(f)]  (f-1)  of  section one hundred five of the civil practice law and
    12  rules, ninety-five dollars,  provided  such  action  or  proceeding  was
    13  commenced  prior  to  such  date  and no additional fee was paid therein
    14  pursuant to paragraph (one-a) of this subdivision.
    15    § 23. Subdivision (b) of section 5004 of the civil  practice  law  and
    16  rules, as amended by chapter 831 of the laws of 2021, is amended to read
    17  as follows:
    18    (b)  For  the  purpose of this section "consumer debt" means any obli-
    19  gation or alleged obligation, whether contingent  or  absolute,  of  any
    20  natural  person  to  pay money arising out of a transaction in which the
    21  money, property, insurance or services which  are  the  subject  of  the
    22  transaction  are  primarily  for personal, family or household purposes,
    23  whether or not such obligation has been reduced to judgment,  including,
    24  but  not limited to, a consumer credit transaction, as defined in subdi-
    25  vision (f) of section one hundred five of this chapter and medical  debt
    26  as referenced in section two hundred thirteen-d of this chapter.
    27    §  24.  Within six months of the effective date of this act, all court
    28  rules and forms relating to actions arising from consumer credit  trans-
    29  actions, as defined in subdivision (f) of section 105 of the civil prac-
    30  tice law and rules, in New York state shall be revised to amend the term
    31  "consumer  credit  transaction"  to "consumer debt", as that term is now
    32  defined in subdivision (f-1) of section 105 of the  civil  practice  law
    33  and  rules.  The  chief  administrator  of the courts shall oversee this
    34  process, which shall include, but not be limited to, amendments  to  New
    35  York Court Rules sections 202.5 (e)(4), 202.5-bb(a)(2)(vi), 202.27-a(1),
    36  202.27-a(b),  202.27-a(e), 202.27-b, 208.4(b)(4), 208.6(d), 208.14-a(1),
    37  208.14-a(b),   208.14-a(e),    210.14-b,    210.4(b)(4),    212.14-a(1),
    38  212.14-(a)(b), 212.14-a(e), 212.14-b, 212.4(b)(4), 214.12(4).
    39    §  25.  This act shall take effect on the ninetieth day after it shall
    40  have become a law. Effective immediately, the addition, amendment and/or
    41  repeal of any rule or regulation necessary  for  the  implementation  of
    42  this  act  on its effective date are authorized to be made and completed
    43  on or before such effective date.