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Bill

A 57

Relates to actions arising out of consumer debt

2025 Regular Session Introduced by Chris Burdick and 9 co-sponsors

Reforms consumer debt suits by forcing creditors to attach certified records and sworn affidavits before filing or entering default judgments, boosting protections for borrowers.

REFERRED TO JUDICIARY
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Bill Summary · A 57

Summary — Assembly Bill A57 (2025)

Title: Relates to actions arising out of consumer debt
Classification: Bill
Introduced: January 8, 2025
Current status: Referred to Senate Judiciary (delivered to Senate 2025-05-28) — Passed Assembly 2025-05-28

Sponsors: Harvey Epstein (primary); cosponsors include Angelo Santabarbara, MaryJane Shimsky, Jo Anne Simon, Dana Levenberg, Chris Burdick, Deborah Glick, Rebecca Seawright, Stefani Zinerman, Anna Kelles

Related: A5368 (prior-session); S5546 (companion)

Note: The full legislative text of A57 was not included with the materials provided. The summary below describes the bill’s stated subject and the typical types of provisions and impacts found in legislation “relating to actions arising out of consumer debt.” Readers should consult the bill text and legislative memorandum for precise language and operative changes.

Purpose and intent

A57 is aimed at reforming civil actions that arise from consumer debt—generally lawsuits brought to collect unpaid personal debts (credit cards, loans, medical bills, utilities, etc.). The bill’s intent is to protect consumers from unfair or procedurally deficient debt-collection litigation and to ensure courts receive adequate documentation before entering judgments.

Key provisions (typical scope for bills of this subject)

Because the bill text was not provided, the following reflects common reforms such bills contain. Confirm specifics in the bill text.

  • Documentation and proof: Requires plaintiffs (creditors or debt buyers) to attach certified account records, assignments, and chain‑of‑title documentation or sworn affidavits before a complaint may proceed or a default judgment may be entered.
  • Limitations on default judgments: Tightens procedural safeguards before default judgments (for example, mandatory notice, additional time to respond, or prevention of entry without verified proof).
  • Statute of limitations and time-bar defenses: Clarifies when a debt is time‑barred and bars recovery on stale debts; may require certain disclosures about time-barred status.
  • Fee and interest restrictions: Limits or clarifies recoverable interest, fees and collection costs, especially for debt buyers with incomplete documentation.
  • Remedies and penalties: Provides for consumer remedies such as vacatur of improper judgments, civil damages, attorney fees, and possible administrative or civil penalties for violation.
  • Notice and settlement opportunities: Requires specific pre-suit or pre-judgment notices to consumers explaining rights, documentation, and options.
  • Court procedures: Establishes rules for case assignment, discovery standards, and expedited motions to dismiss when documentation is lacking.

Who is affected

  • Consumers defending debt-collection suits (increased procedural protections).
  • Creditors and debt purchasers (higher evidentiary burdens; potential limits on recoverable costs).
  • Collection law firms and courts (changes to pleading, proof, and motion practice).
  • Potential downstream effects on credit reporting and debt-buying markets.

Procedural/timeline notes

  • Introduced Jan 8, 2025; referred to Assembly Judiciary same day.
  • Advanced through Assembly committees and amended (Print No. 57A; amended on third reading to 57B).
  • Passed the Assembly and delivered to the Senate on May 28, 2025; referred to Senate Judiciary the same day.
  • Companion bill in the Senate: S5546.

For exact operative language, amendments, and fiscal/legal analysis, review the bill text (A57 57B) and the Assembly/Senate bill memos and committee reports available from the legislature’s website.

Compiled from official sources — confirm details with the bill’s official record.

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