Assembly Bill A57

2025-2026 Legislative Session

Relates to action arising out of consumer debt

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A57 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §§301, 401, 1911 & 2101, NYC Civ Ct Act; amd §212, Judy L; amd §1911, UCCA
Versions Introduced in 2023-2024 Legislative Session:
A5368

2025-A57 (ACTIVE) - Summary

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

2025-A57 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    57
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  KELLES, LEVENBERG, BURDICK, GLICK,
   ZINERMAN, SANTABARBARA, SHIMSKY --  read  once  and  referred  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:
 
   Section 1. Section 105 of the civil practice law and rules is  amended
 by adding a new subdivision (f-1) to read as follows:
   (F-1)  CONSUMER DEBT. THE TERM "CONSUMER DEBT" MEANS ANY OBLIGATION OR
 ALLEGED OBLIGATION, WHETHER  CONTINGENT  OR  ABSOLUTE,  OF  ANY  NATURAL
 PERSON  TO  PAY  MONEY  ARISING OUT OF A TRANSACTION IN WHICH THE MONEY,
 PROPERTY, INSURANCE OR SERVICES WHICH ARE THE SUBJECT OF THE TRANSACTION
 ARE PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, WHETHER OR NOT
 SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT, INCLUDING, BUT NOT LIMITED
 TO, A CONSUMER CREDIT TRANSACTION, AS DEFINED IN SUBDIVISION (F) OF THIS
 SECTION AND MEDICAL DEBT, AS REFERENCED IN  SECTION  TWO  HUNDRED  THIR-
 TEEN-D  OF THIS CHAPTER. "CONSUMER DEBT" SHALL NOT INCLUDE CONSUMER DEBT
 SECURED BY REAL PROPERTY.
   § 2. Subdivision (a) of section 301 of the New York city  civil  court
 act,  as  amended by chapter 238 of the laws of 1973, is amended to read
 as follows:
   (a) in an action  arising  out  of  a  [consumer  credit  transaction]
 CONSUMER  DEBT  where a purchaser, borrower, or a debtor is a defendant,
 if a defendant resides in the city of New York, or if  such  transaction
 took  place  therein,  in the county in which a defendant resides at the
 commencement thereof or in the county in  which  such  transaction  took
 place, and in all other cases, in the county in which one of the parties
 resides at the commencement thereof; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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