AB250
AN ACT relating to debt; establishing coerced debt as an affirmative defense in certain civil actions to collect an unsecured consumer debt; setting forth requirements for asserting the affirmative defense of coerced debt; requiring a court to take certain actions upon finding that a debt is a coerced debt; authorizing certain claims and remedies; revising provisions governing the presumption of intent to defraud in the issuance of certain instruments; and providing other matters properly relating thereto. Close title AN ACT relating to debt; establishing coerced debt as an affirmative defense in certain civil actions to collect an unsecured consumer debt; setting forth requirements for asserting the affirmative defense of coerced debt; requiring a court to take certain actions upon finding that a debt is a coerced debt; authorizing certain claims and remedies; revising provisions governing the presumption of intent to defraud in the issuance of certain instruments; and providing other matters properly relating thereto.
Introduction Date
Tuesday, February 18, 2025
Primary Sponsor
View 1 Primary Sponsors Close Primary Sponsors Assemblymembe
Public exhibits
9
Support 2 · Opp 4 · Neutral 0
Auditor findings
5
recusal 5 · QPQ 0
5 recusal-failure finding(s) on this bill
Legislator voted on this bill despite a documented financial relationship with an interested party. NRS 281A.420 conflict-of-interest.
- Kasama, Heidi voted Nay on this bill despite $4,901 in contributions from Henderson Chamber of Commerce. submit correction
- Gurr, Bert voted Nay on this bill despite $3,600 in contributions from Henderson Chamber of Commerce. submit correction
- Hafen, Gregory voted Nay on this bill despite $2,300 in contributions from Henderson Chamber of Commerce. submit correction
- Hardy, Melissa voted Yea on this bill despite $2,400 in contributions from Henderson Chamber of Commerce. submit correction
- Jauregui, Sandra voted Yea on this bill despite $1,900 in contributions from Henderson Chamber of Commerce. submit correction
AN ACT relating to debt; establishing coerced debt as an affirmative defense in certain civil actions to collect an unse
Existing law governs the collection of debt by certain persons in this State, including, without limitation, collection agencies and private debt collectors. (See, e.g., chapters 353C and 649 of NRS) Section 1 of this bill establishes that, in any civil action to collect an unsecured consumer debt, a debtor may assert as an affirmative defense that the debt is a coerced debt. Section 1 also: (1) sets forth the requirements for asserting the affirmative defense of coerced debt; and (2) requires a court, upon finding that a debt is a coerced debt, to order the creditor to cease collection efforts and, if applicable, correct certain records. In addition, section 1 authorizes: (1) the creditor to join a third party who may be liable for the coerced debt or amend its complaint to assert a claim against any such person; and (2) the debtor to recover attorney's fees and costs from the person who coerced the debt. Existing law makes it a crime to issue a check or draft against insufficient or no funds with intent to defraud. (NRS 205.130) Under existing law, intent to defraud and knowledge of insufficient funds are presumed to exist if payment of the instrument is refused by the drawee when presented in the usual course of business, unless the drawer pays the full amount due within 5 days after receiving notice from the drawee or the holder. (NRS 205.132) Section 1.5 of this bill provides that, for the purpose of determining whether a check or draft is presented in the usual cour
NELIS exhibits (9 on file)
Support (2)
- Briana Goularte (Testimony)
- Various Individuals (Testimony)
Opposition (4)
- Eric Cardona — Henderson Chamber of Commerce (Testimony)
- Brian Partridge (Testimony)
- Kris Quigley — Consumer Data Industry Association (Testimony)
- Peter Guzman — the Latin Chamber of Commerce (Testimony)
Bill text + amendments: view on NELIS →