HB18-1057 - Disclosure Of Information For Asset Recovery

Concerning the collection of debts, and, in connection therewith, requiring that certain information about judgment debtors be disclosed to judgment creditors that obtain a court order for such disclosure and allowing collection agents to add certain expenses to amounts due for collection.

The bill allows a judgment creditor to file a petition in court to compel the department of labor and employment to disclose certain information about an individual judgment debtor. Judgment creditors must follow federal requirements for protecting any information disclosed and may not share it with other persons. A civil penalty of $1,000 may be assessed against a judgment creditor who fails to comply with these requirements.

The bill creates the judgment debtor disclosure fund in the state treasury. The fund consists of money from fees collected for requests for disclosure of current employer information on individual judgment debtors.

The bill allows a collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or to any political subdivision within the state, to add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual costs and attorney fees, regardless of whether the debt has been reduced to judgment.

(Note: This summary applies to this bill as introduced.)

Latest update: February 12, 2018
02/12/2018 - House Committee on Finance Refer Amended to Appropriations
02/08/2018 - House Committee on Judiciary Refer Amended to Finance
01/10/2018 - Introduced In House - Assigned to Judiciary