Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1034
       
       
       
       
       
       
                                Ì664092,Î664092                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 12 - 23
    4  and insert:
    5         (1) If a creditor assigns This part does not prohibit the
    6  assignment, by a creditor, of the right to bill and collect a
    7  consumer debt. However, the assignee must give the debtor
    8  written notice of such assignment as soon as practical after the
    9  assignment is made. If the debt is in default, the written
   10  notice of such assignment must be made, but at least 30 days
   11  before the assignee takes any action to collect the debt.
   12  Notwithstanding such 30-day period, for a debt that is in
   13  default, the assignee may:
   14         (a) Provide the disclosure required by 15 U.S.C. s.
   15  1692e(11).
   16         (b) Provide the notice required by 15 U.S.C. s. 1692g.
   17         (c) Communicate with the debtor so long as the debtor
   18  initiates the communication.
   19         (d) Accept payment from the debtor so long as the debtor
   20  initiates the payment.
   21         (2) The assignee is a real party in interest and may bring
   22  an action in a court of competent jurisdiction to collect a debt
   23  that has been assigned to the assignee and is in default. Such
   24  action is subject to the 30-day period specified in subsection
   25  (1).
   26  
   27  ================= T I T L E  A M E N D M E N T ================
   28  And the title is amended as follows:
   29         Delete lines 3 - 5
   30  and insert:
   31         amending s. 559.715, F.S.; authorizing an assignee to
   32         take certain actions for debts that are in default;
   33         revising when an assignee may bring an action to
   34         collect a debt; specifying that such action is subject
   35         to certain requirements; providing an effective date.