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Legislative Year: 2021 Change
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Bill Detail: SB21-002

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Title Extending Limitations On Debt Collection Actions
Status Governor Signed (01/21/2021)
Bill Subjects
  • Courts & Judicial
  • State Government
House Sponsors L. Herod (D)
Senate Sponsors F. Winter (D)
J. Gonzales (D)
House Committee Finance
Senate Committee Finance
Date Introduced 01/13/2021
Summary

The bill extends the time in which debtors experiencing financial
hardship due to the COVID-19 emergency may have extraordinary debt
collection actions suspended. Currently, the law requires a judgment
creditor (creditor) to provide a notice to a judgment debtor (debtor) before
instituting an extraordinary debt collection action, which includes an
action in the nature of a garnishment, attachment, levy, or execution to

collect or enforce a judgment. The debtor may suspend the collection
action by notifying the creditor that the debtor is experiencing financial
hardship due to COVID-19. The obligation to provide notice and the
suspension of the collection action are effective through February 1,
2021. The bill extends the effective period for the notice and the
suspension to June 1, 2021. If a collection action has already been
suspended by the debtor, the creditor is required to notify the debtor that
the suspension is now effective through June 1, 2021.
In addition, under current law, up to $4,000 cumulative in a
depository account or accounts in a debtor's name is exempt from levy
and sale under a writ of attachment or execution through February 1,
2021. The bill extends that date to June 1, 2021.

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