Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(83rd) A AB250 R1 592 Amendment No.
250–Assemblymembers592 Goulding;Senate Amendment to Assembly Bill No.
Anderson,250 Flanagan,First Hunt,Reprint La(BDR Rue52-599) HatchProposed andby: Nguyen Joint Sponsors:
SenatorsSenate KrasnerCommittee on Commerce and SteinbeckLabor CHAPTER..........Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
Yes Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KRO/BAW - Date:
5/18/2025 A.B.
No.
250—Revises provisions relating to certain debt.
(BDR 52-599) Page 1 of 5 *A_AB250_R1_592* Senate Amendment No.
592 to Assembly Bill No.
250 First Reprint Page 3 A SSEMBLY BILLNO .
250–SSEMBLYMEMBERS GOULDING ;
NDERSON , LANAGAN , H UNT, A RUE HATCH AND N GUYEN FEBRUARY 18, 2025 _______________ JOINTS PONSORS:
ENATORS KRASNER AND STEINBECK _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to certain debt.
(BDR 52-599) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
establishing coerced debt as an affirmative defense in certain civil actions to collect [a] an unsecured consumer debt;
revising provisions governing the presumption of intent to defraud in the issuance of certain instruments;
(See, civile.g., actionchapters to353C collect an unsecured consumer debt, a debtor may assert as aninan any affirmative defense that the debt is aa[a] an coerced debt.debt .
[may be used as an affirmative defense.] Section 1 also:
(1) sets forth the requirements for [establishing a prima facie] asserting the affirmative defense of coerced debt;
and (2) [defines “coerced debt” to mean a consumer debt or any part thereof which is the proximate result of a person having been a victim of domestic violence, human trafficking, abuse, coercion, fraud, duress, threats, intimidation, manipulation or other unlawful conduct intended to induce the person to incur debt against his or her own will.] 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.
(1) the creditor to join a third party who may be liable for the coerced debtordebt toor recoveramend attorney’sits feescomplaint and costs from the person who coerced the debt.e Existing law makes it a crime to issueassert a checkclaim or draft against insufficientany orsuch noperson; funds with intent to defraud.
(NRS 205.130) Under existing law, intent to defraud and knowledge(2) of insufficient funds are presumed to exist if payment of the instrumentdebtor 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 for the purpose of determining whether a check or draft is presented in the usualat, course of business, a check or draft that constitutes a credit instrument is deemed to berecover presentedattorney’s infees theand usualcosts coursefrom of business if it is presented not more than 2 years after the dateperson onwho whichcoerced the creditdebt. instrument is issued.
- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
1.Senate Amendment No.
In592 any civil action to collectAssembly anBill unsecuredNo. consumer debt, it is an affirmative defense under applicable court rules that the debt is a coerced debt.
250 First Reprint Page 4 1.
In any civil action to collect [a] an unsecured consumer debt, it is an affirmative defense under applicable court rules that the debt is a coerced debt.
[A debtor establishes a prima facie] To assert the affirmative defense [that a debt is a] of coerced debt,debt [by proving that:] , a debtor must submit to the court:
(a) A[The writtendebt attestationis thata includes,consumer withoutdebt limitation:accrued in his or her name;
(b) The debt was accrued as the proximate result of the debtor having been a victim of domestic violence, human trafficking, abuse, coercion, fraud, duress, threats, intimidation, manipulation or other unlawful conduct;
and (c) Being a victim of domestic violence, human trafficking, abuse, coercion, fraud, duress, threats, intimidation, manipulation or other unlawful conduct caused the debtor to incur the debt against the debtor’s will.] A written attestation that includes, without limitation:
(2) A description of the circumstances under which the supportingalleged thecoerced allegation;ncurred,debt was incurred, including specific facts (3)supporting Except as otherwise provided in subsection 4, any information known to the debtorallegation; regarding the identity and contact information of the person alleged to have coerced the debtor into incurring the debt;
(3) Except as otherwise provided in subsection 4, any information known to the debtor regarding the identity and contact information of the person alleged to have coerced the debtor into incurring the debt;
If the court determines that the debt identified by the debtor pursuant to subparagraph (1) of paragraph (a) of sub(a)subsection The2 courtconstitutes shall order the creditor to immediately cease all collection efforts related to the coerced debt and, if applicable, to - 83rd Session (2025) – 3 – similar record to reflect that the debt is a coerced debt;tdebt: or (b) The creditor may join any third party who is or may be liable for the coerced debt or amend its complaint to assert a claim against any such person;
(a) The court shall order the creditor to immediately cease all collection efforts related to the coerced debt and, if applicable, to take reasonable steps to correct any consumer credit report or similar record to reflect that the debt is a coerced debt;
(b) The creditor may join any third party who is or may be liable for the coerced debt or amend its complaint to assert a claim against any such person;
As used in this section:section [, “coerced] :
partSenate thereofAmendment incurredNo. for personal, family or household purposes as a result of fraud, duress, intimidation, threat of force or undue influence in the name of a debtor who is a victim of:
592 to Assembly Bill No.
250 First Reprint Page 5 (a) “Coerced debt” means [a] an unsecured consumer debt or any part thereof [which is the proximate] incurred for personal, family or household purposes as a result of [a person having been a victim of domestic violence, human trafficking, abuse, coercion,] fraud, duress, [threats,] intimidation, [manipulation] threat of force or [other unlawful conduct intended to induce] undue influence in the [person to incur debt against his or her own will.] name of a debtor who is a victim of:
(c) “Victim” includes a person who alleges that he or she is a victim of an act, regardless of whether or not the alleged perpetrator of the act has been charged with or convicted of the act.
1.5.
NRS 205.132 is hereby amended to read as follows:
205.132 1.
In a criminal action for issuing a check or draft against insufficient or no funds with intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported account which does not exist.
- 83rd Session (2025) – 4 – (b) Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus presentation of a check or draft that constitutes a credit instrument, as defined in NRS 463.01467, occurs in the usual course of business if the presentation occurs not more than 2 years after the date on which the credit instrument is issued.
(c) Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of nondelivery.
If a complainant causes a criminal action to be commenced for issuing a check or draft with intent to defraud and refuses to testify in the action, the complainant is presumed to have acted maliciously and without probable cause.
Sec.
2.
1.The provisions of this act apply to any action filed on or after October 1, 2025.
This section becomes effective upon passage and approval.
2.
Section 1.5 of this act becomes effective upon passage and approval, and applies to any credit instrument, as defined in NRS 463.01467, signed by a drawer before, on or after the effective date of section 1.5 of this act.
3.
Section 1 of this act becomes effective on October 1, 2025, and applies to any action filed on or after October 1, 2025.
~~~~~ 25 - 83rd Session (2025)