Great news for Georgia members facing JDBuyers!

[Linda7]

The “Small Business Borrower Protection Act,” Georgia S.B. 448, as passed by the Senate on February 27th.

A bill that was passed by the Georgia Senate in late February would restrict the possible collections for a guaranteed account purchased by a debt buyer to the amount paid for the account. The legislation also contains language that would force debt buyers to reveal how much they paid for certain accounts.

The “Small Business Borrower Protection Act,” Georgia S.B. 448, was introduced by Senator Don Balfour “to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.”

The strictest requirements are specific to the guarantors of debt, defined by the bill as “any person who agrees to pay, in whole or in part, the original debt obligation of another person.” The bill defines “person” as any natural person, corporation, or limited liability company, leading to the assumption that the bill is targeted at business borrowing.

But the bill did not explicitly exempt loan co-signers from the definition of “person.”

The main language of the bill lays out guidelines for “successor creditors,” plainly, debt buyers (emphasis added):

Any successor creditor shall be limited to recovery against any guarantor on any debt obligation to the

lesser of

:

1.

The actual amount paid for the debt obligation

, plus interest at the interest rate stated on the face of the debt obligation from the date of purchase, transfer, or assignment of the obligation. The interest rate allowed under this article shall be a nondefault rate; or

2. The maximum amount permitted to be collected under the guaranty.

The bill also states that the rules apply to the sale of judgments.

S.B. 448 additionally spells out a further requirement for debt buyers. “In any action to collect a debt obligation by a successor creditor, the successor creditor shall be required to prove the actual amount paid for the debt obligation,” the bill reads.

The bill passed the Georgia Senate with no Nay votes (45-0) on February 27. It has been referred to the Georgia House Committee on Banks & Banking. the bill will be the subject of a hearing in the committee scheduled for Tuesday March 20.

End

[NeverServed]

Was this passed or is it still going on? Because I have a jdb comming after me for 3 times plus the original amount. Which I know it is past sol. So they can't sue but I know they didn't pay the amount to the oc of what I owed also a judgement against me from 08 that I never knew about. From the oc. I'm trying to get that one dismissed since I wasn't served. And judgememnt they got in a state I didn't live in.. this is really good news! If its passed and in effect

[NeverServed]

So I think this means if they buy a 700 dollar debt. But then years of intrest added onbecomes thousands. They can only collect what they paid if they paid 50 bucks. And then their intrest from the day they purchased the debt am I correct?

[Linda7]

It has already passed the Senate and is now Pending in House Banks & Banking Committee.

According to ACA International, the bill will be the subject of a hearing in the committee scheduled for tomorrow, Tuesday March 20.

Edited March 20, 2012 by Linda7

[BV80]

Hi Linda!

Since the title of the bill is the “Small Business Borrower Protection Act,” and it refers to a "guarantor", make sure that it also applies to individuals and nonbusiness credit card debt.

[Linda7]

Hi Linda!

Since the title of the bill is the “Small Business Borrower Protection Act,” and it refers to a "guarantor", make sure that it also applies to individuals and nonbusiness credit card debt.

I was thinking the same thing too, but it was passed to me as relating to consumers, but I'll do some more checking. Let's keep hoping!!