The Indiana Supreme Court has proposed new rules which may impact the required documentation necessary for filing a proof claim on a written instrument. In particular, these proposed changes may pose a significant change for debt buyers, assignees of certain debt, and plaintiff creditors that are not original creditors of a consumer account.
The proposed changes to Rule 9.2 are as follows in ilalics:
Rule 9.2. Pleading and proof of written instruments
(A) When instrument or copy, or an Affidavit of Debt must (shall) be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must (shall) be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record. Further,
Of particular note is the proposed change regarding claims based upon credit card accounts. In instances where no writing is available to evidence the original debt, a plaintiff is required to provide copies of documents generated when the debt was incurred. This in addition to the other proposed requirements will require greater diligence by plaintiff creditors in not only bringing suit on such consumer accounts, but also in purchasing or acquiring debt.
If you believe this may impact your business practice or your rights in enforcing a money obligation, contact CCHA. For more information about Kyle and his practice, click here.