SB29 Alabama 2015 Session

Under existing law a debt collector is required to be licensed to collect debt in Alabama

This bill would require debt buyers and other debt collectors to possess certain basic information about the debt before initiating collection efforts, including proof of indebtedness by the consumer, date of the debt, identity of the original creditor, and itemization of all fees, charges, and payments

This bill would prohibit the collection of a consumer debt by any party not in possession of at least a copy of the original contract, or other documentation evidencing the consumer's liability

This bill would require a creditor and each subsequent holder of the debt to retain and pass on to the next holder all communications from the consumer concerning the debt and information about all known disputes and defenses

This bill would allow consumers to record abusive telephone calls by debt collectors

This bill would prohibit consumers from arrest or imprisonment for failure to pay a consumer debt

This bill would provide that any changes to a consumer form contract involving financial services shall be agreed to by the consumer in writing

This bill would prohibit "choice of law" provisions in consumer form contracts that select laws of states other than the consumer's home state

This bill would prohibit forum selection provisions in consumer form contracts

This bill would provide that any consumer credit obligation is void if the entity extending the credit did not have a license required by state law

This bill would provide a single uniform, reasonable statute of limitations for consumer debts

This bill would provide that the statute of limitations cannot be voluntarily given up or waived

This bill would extinguish the debt after the statute of limitations passes

This bill would prevent any collection activities for stale debts

This bill would require a creditor to provide a consumer with a notice 30 days before filing a legal action or arbitration proceeding to collect a debt

This bill would require a creditor taking legal action or initiating arbitration to collect a debt to provide adequate documentation about that debt

This bill would require each debt collector or buyer of a debt to provide a copy of the original contract or other documentation reflecting that the consumer actually incurred the debt

This bill would provide that the failure to respond will not be deemed as an admission of facts to establishing liability for the debt

This bill would require an additional notice of the lawsuit to be mailed to the consumer-defendant by the clerk of the court

This bill would require that any party seeking a judgment for a consumer debt provide the court with sufficient documentation as to the amount, nature, and ownership of the debt

This bill would allow a court to grant a default judgment to a consumer if he or she appears for trial to defend himself or herself against a collector who fails to appear in court

This bill would allow a consumer certain amounts of time to ask the court to remove or set aside a default judgment

This bill would prohibit state courts from confirming an arbitration award unless certain conditions were met, including compliance with other parts of the law

This bill would limit the amount of interest that can be assessed to a consumer debtor when a debt collector prevails in a collection lawsuit against the consumer debtor

This bill would prohibit a creditor from seeking attorney's fees from a consumer in a collection lawsuit to only those instances in which the underlying contract or other document obligates the consumer for the fees

This bill would provide certain exemptions

This bill would provide for the waivers of personal property exemptions and security interests in exempt personal property

This bill would provide for homestead exemption

This bill would provide for scope of exemptions

This bill would provide for tracing of exempt property

This bill would provide for the adjustment of dollar amounts

This bill would provide for the procedures relating to property exempt from levy

This bill would provide for protection from discharge

This bill would provide for remedies for wrongful seizure of exempt property

Relating to consumer debtors; to require debt buyers and other debt collectors to possess certain basic information about the debt before initiating collection efforts, including proof of indebtedness by the consumer, date of the debt, identity of the original creditor, and itemization of all fees, charges, and payments; to prohibit the collection of consumer debt by any party not in possession of at least a copy of the original contract, or other documentation evidencing the liability of the consumer; to require a creditor and each subsequent holder of the debt to retain and pass on to the next holder all communications from the consumer concerning the debt and information about all known disputes and defenses; to allow consumers to record abusive telephone calls by debt collectors; to prohibit consumers from arrest or imprisonment for failure to pay a consumer debt; to provide that any changes to a consumer form contract involving financial services shall be agreed to by the consumer in writing; to prohibit provisions in consumer form contracts that select laws of states other than the home state of the consumer; to prohibit forum selection provisions in consumer form contracts; to provide that any consumer credit obligation is void if the entity extending the credit did not have a license required by state law; to provide a single uniform, reasonable statute of limitations for consumer debts; to provide that the statute of limitations cannot be voluntarily given up or waived; to extinguish the debt after the statute of limitations passes; to prevent any collection activities for stale debts; to require a creditor to provide a consumer with a notice 30 days before filing a legal action or arbitration proceeding to collect a debt; to require a creditor taking legal action or initiating arbitration to collect a debt to provide adequate documentation about that debt; to require each debt collector or buyer of a debt to provide a copy of the original contract or other documentation reflecting that the consumer actually incurred the debt; to provide that the failure to respond will not be deemed as an admission of facts to establishing liability for the debt; to require an additional notice of the lawsuit to be mailed to the consumer-defendant by the clerk of the court; to require that any party seeking a judgment for a consumer debt provide the court with sufficient documentation as to the amount, nature, and ownership of the debt; to allow the court to grant a default judgment to a consumer if he or she appears for trial to defend himself or herself against a collector who fails to appear in court; to allow a consumer certain amounts of time to ask the court to remove or set aside a default judgment; to prohibit state courts from confirming an arbitration award unless certain conditions were met, including compliance with other parts of the law; to limit the amount of interest that can be assessed to a consumer debtor when a debt collector prevails in a collection lawsuit against the consumer debtor; to prohibit a creditor from seeking attorney's fees from a consumer in a collection lawsuit to only those instances in which the underlying contract or other document obligates the consumer for the fees; to provide certain exemptions; to provide for the waivers of personal property exemptions and security interests in exempt personal property; to provide for homestead exemption; to provide for scope of exemptions; to provide for tracing of exempt property; to provide for the adjustment of dollar amounts; to provide for the procedures relating to property exempt from levy; to provide for protection from discharge; and to provide for remedies for wrongful seizure of exempt property.