Prohibits revival of certain time-barred consumer debt litigation claims.
Impact
The enactment of this bill would amend N.J.S.2A:14-1, which governs statutes of limitations in New Jersey. By restricting the ability to revive time-barred claims, the bill intends to provide greater clarity and protection for consumers who have incurred debt primarily for personal, family, or household purposes. This change may help reduce the burden on consumers who may feel pressured to repay debts that are no longer legally enforceable, thereby preventing harassment from creditors pursuing out-of-date debts.
Summary
Assembly Bill 5619 proposes to prohibit the revival of certain time-barred consumer debt litigation claims. Currently, under New Jersey law, consumer debt claims can be revived if a debtor makes a subsequent payment or acknowledges the debt, even after the statute of limitations has expired. A5619 aims to eliminate this possibility, stating that subsequent actions by a debtor, such as payments or promises to pay, will not extend the timeframe for filing a claim for consumer debt, which is generally limited to six years under the law.
Contention
While supporters of A5619 laud it as a consumer protection measure, opponents may argue that eliminating the revival of claims could disadvantage creditors seeking to collect on valid debts. The balance between protecting consumers from predatory practices and allowing creditors to enforce legitimate claims remains a point of contention within state legislative discussions. The bill is based on national benchmarks aimed at improving consumer access to justice, indicating a shift towards a more consumer-friendly approach in the legal treatment of debt.
Shortens statute of limitations on certain contracts claims; clarifies that partial payment on obligation either tolls or revises, as applicable, relevant statute of limitations.
Provides mortgage payment relief, income tax relief, consumer reporting protection, and eviction protection for residential property owners, tenants, and other consumers, economically impacted during time of coronavirus disease 2019 pandemic.
Provides mortgage payment relief, income tax relief, consumer reporting protection, and eviction protection for residential property owners, tenants, and other consumers, economically impacted during time of coronavirus disease 2019 pandemic.
Prohibits sweepstakes model of wagering; establishes new penalties for unlawful gambling operations and practices; directs Division of Consumer Affairs and Division of Gaming Enforcement to enforce penalties.
Prohibits sweepstakes model of wagering; establishes new penalties for unlawful gambling operations and practices; directs Division of Consumer Affairs and Division of Gaming Enforcement to enforce penalties.
Family law: paternity; determination under the acknowledgment of parentage act; exclude children conceived by assisted reproduction or surrogacy. Amends secs. 2, 3, 4, 6 & 7 of 1996 PA 305 (MCL 722.1002 et seq.). TIE BAR WITH: HB 5207'23