Prohibits revival of certain time-barred consumer debt litigation claims.
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pressured to repay debts that are no longer legally enforceable, thereby preventing harassment from creditors pursuing out-of-date debts.
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.
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.