Texas Senate Bill SB1456

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/15/09
• Voted on by Senate: 4/27/09

Caption

Relating to the time for bringing an action on a consumer debt.

Impact

The passage of SB1456 is likely to have significant implications for both consumers and creditors. For consumers, the adjusted timeframe may provide a more straightforward process for addressing debts and initiating legal action when necessary. On the other hand, creditors could benefit from a clearer understanding of their rights and the timeline for debt collection efforts. This amendment will apply only to consumer debts where payments or charges occur on or after the bill's effective date, ensuring that existing debts governed by previous laws will remain unaffected.

Summary

SB1456 proposes an amendment to Section 16.004 of the Civil Practice and Remedies Code, specifically regarding the timeframe for bringing legal actions on consumer debts. This bill seeks to clarify the statute of limitations by allowing individuals to file a lawsuit for a consumer debt not later than four years after the later of either the last payment made by the debtor or the last charge made on the creditor's account. By establishing a clearer timeframe for these claims, the bill aims to provide more guidance for consumers and creditors alike in the event of disputes over outstanding debts.

Contention

While the bill may be viewed positively for clarifying procedures, it could face opposition based on concerns about debtor protection. Advocates for consumer rights may argue that the restrictions on legal claims could disadvantage some consumers, particularly those who may struggle to keep up with payments. Thus, the discussions around SB1456 might touch on balancing the rights and responsibilities of both parties involved in consumer debt situations, reflecting broader debates on consumer protection and banking regulations.