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From an article on Inside ARM: New York State Courts Chief Judge Jonathan Lippman Wednesday announced a set of reforms aimed at increasing requirements for collection agencies and debt buyers who file suits to recover debts from consumers in the state. Although open for public comment, the new rules are expected take effect in June. The reforms, detailed at the link below, are being issued for a 30-day public comment period, to expire on May 30, with implementation expected by mid-June 2014. http://www.nycourts.gov/rules/comments/PDF/ConsumeCreditPC-Package.pdf Requirements that creditors submit affidavits containing detailed proof in support of default judgment applications ensuring that the substantive and evidentiary standards for default judgments required under New York law are met. Statewide rules and policies to stop the practice of suing on debt when the statute of limitations has expired as well as to prevent “sewer service” in consumer debt cases. Procedures and user-friendly forms ensuring that unrepresented consumers who appear in court have access to comprehensible information and resources so that they can understand the claims against them and formulate appropriate defenses. Partnerships with bar associations and law schools to increase pro bono representation of defendants in consumer credit cases in the hardest hit areas.
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http://dealbook.nytimes.com/2013/05/09/california-sues-jpmorgan-chase-over-credit-card-cases/?hp
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http://m.nysenate.gov/legislation/bill/A2678-2013 The Consumer Credit Fairness Act was introduced by Judiciary Committee Chair Helene Weinstein and passed the General Assembly on a vote of 90-45. It would limit debt collection lawsuits by JDB's terminating the ability of debt buyers to sue on expired debt. lowering the statute of limitations for consumer credit transactions from six years to three years, and eliminating the right to collect the debt once the statute of limitations is expired; and requiring notice of a pending consumer credit action to be mailed to the defendants by the clerk of the court; requiring court filings to include more information about the debt and requriing the plaintiff to provide proof that the debt is owed to the plaintiff
