An Act To Prevent Abusive Debt Collection Practices
Maine Legislature, Session 127, LD 1092
Committee Amendment CA_A_H378 (House)
Amends: 32 MRSA §11002

COMMITTEE AMEN~MENT "A" to H.P. 753, L.O. 1092, Bill, "An Act To 
Prevent Abusive Debt Collection Practices" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §11002, sub-§l-A is enacted to read: 
I-A. 
Collection action. 
"Collection action" means a lawsuit or arbitration 
proceeding initiated to collect a debt from a consumer. 
Sec. 2. 32 MRS A §11013, sub-§§6 to 8 are enacted to read: 
6. Written requirement for payment schedule or settlement agreement. A debt 
co!lector may n.ot enter into a payment sc~edule ()r settlell1ent ag~eemtm~' ~egarding, a debt 
unles~ the payment schedule or s,ettlement agreement is either 9.ocll!pented in open court, 
approved by the court and included in a court order or otherwise reduced to writing. If a 
payment schedule or settlement agr,eement is not ipcl,uded ill a court order" the debt 
collector shall provide a written. copy of the paYt1)ent schedule or settlement,agreement to 
the consumer within 1.0 business days, ()f entering into the paY!11el1t schedule or settlement 
agreemeI1t and the consumer need not make a payment on the payment schedule or 
settlement agreement until the wri~en copy has be~11 ,provide,d in accordance with this 
subsection. 
7. Acting on time-barred debt. A debt collector may not iritiate a collection action 
when the debt collector knows Or reasonably should know that the collection action is 
balTed by the limitations period as set forth in subsection 8. 
8. Limitations period for debt collectors. A debt collector may not commence a 
collection action more than 6 years after the date of the consumer's last activity on the 
debt. This limitations period applies notwithstanding any other applicable statute of 
limitations, unless a shorter limitations period is provided under the laws of this State. 
Notwith~tanding any other provision of law, when the ilpplicabie limitations period 
expires, any subsequent payment toward, written or oral affinnation gf or other activity 
on the debt does not revive or extend the limitations period.' 
COMMITTEE AMENDMENT 
.1 
, 
COMMITTEE AMENDMENT" A·" to H.P. 753, L.D. 1092 
SUMMARY 
This amendment replaces the bill. This amendment requires any payment agreement 
entered into with a debt collector to be documented in open cOllli, approved by the court 
and included in a court order or otherwise reduced to writing. The amendment prohibits a 
debt collector from suing on a debt if the statute of limitations period has ()xpired and 
provides that a consumer's payment or other activity on a debt that is made after the 
expiration of the statute of limitations period does not reset the statute of limitations 
period. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06105/15 
Mac 
LD 1092 
LR919(02) 
An Act To Prevent Abusive Debt Collection Practices 
~'seal Note ror llill as Amended by Committee Amcndme~t ",A, CH -(3 7~ 
Committee: Insurance and Financial Services 
It 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the amount of time needed for each case with no effect on fines or fees 
Fiscal Detail and Notes 
Any additional costs to the Department of Professional and Financial Regulation from the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR0919(02) - Fiscal Note - Page 1 of 1