SB 187 – AS INTRODUCED
2011 SESSION
05/04
SENATE BILL 187
AN ACT relative to fair debt collection.
SPONSORS: Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Bettencourt, Rock 4; Rep. Matt Quandt, Rock 13; Rep. Jennifer Coffey, Merr 6; Rep. Chandler, Carr 1
This bill requires the plaintiff to file certain additional materials with a complaint brought under RSA 358-C, relative to debt collection practices. The bill also requires certain evidence of the amount and nature of the debt in order for the court to enter a default judgment or summary judgment against a debtor.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0990
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to fair debt collection.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Unfair, Deceptive, or Unreasonable Collection Practices; Complaint of Debt Collector; Filing Requirement. Amend RSA 358-C by inserting after section 3 the following new section:
358-C:3-a Complaint of Debt Collector; Filing Requirement. In any cause of action initiated by a debt collector under this chapter, the following materials shall be attached to the complaint or claim:
I. A copy of the contract or other writing evidencing the original debt, which shall contain the signature of the defendant. If a claim is based on credit card debt and no such signed writing evidencing the original debt ever existed, then copies of documents generated when the credit card was actually used shall be attached.
II. A copy of the assignment or other writing establishing that the plaintiff is the owner of the debt. If the debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership shall be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership shall contain the original account number of the debt purchased and shall clearly show the debtor’s name associated with that account number.
III. Records filed under this section shall comply with the New Hampshire rules of evidence for properly authenticated business records as provided under RSA 358-C:4-a, II.
2 New Section; Unfair, Deceptive, or Unreasonable Collection Practices; Prerequisites to Default Judgment. Amend RSA 358-C by inserting after section 4 the following new section:
358-C:4-a Prerequisites to Entry of Default or Summary Judgment Against Debtor.
I. Prior to the entry of a default judgment or summary judgment against a debtor, the plaintiff shall file evidence with the court to establish the amount and nature of the debt.
II. The only evidence sufficient to establish the amount and nature of the debt shall be properly authenticated business records that satisfy the requirements of the New Hampshire rules of evidence. The authenticated business records shall include at least all of the following items:
(a) The original account number.
(b) The name of the original creditor.
(c) The amount of the original debt.
(d) An itemization of charges and fees claimed to be owned.
(e) The original charge-off balance, or, if the balance has not been charged off, an explanation of how the balance was calculated.
(f) An itemization of post charge-off additions, where applicable.
(g) The date of last payment.
(h) The amount of interest claimed and the basis for the interest charged.
(i) A copy of the contract or other writing evidencing the original debt.
(j) A copy of the assignment or other writing establishing that the plaintiff is the owner of the debt.
3 Effective Date. This act shall take effect January 1, 2012.