Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(83rd) A AB250 442 Amendment No.
250–Assemblymembers442 Goulding;Assembly Amendment to Assembly Bill No.
Anderson,250 Flanagan,(BDR Hunt,52-599) LaProposed Rueby: Hatch and Nguyen Joint Sponsors:
SenatorsAssembly KrasnerCommittee on Commerce and SteinbeckLabor CHAPTER..........Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No 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:
4/17/2025 A.B.
No.
250—Revises provisions relating to certain debt.
(BDR 52-599) Page 1 of 8 *A_AB250_442* Assembly Amendment No.
442 to Assembly Bill No.
250 Page 3 A SSEMBLY B ILLNO.
250–ASSEMBLYMEMBERS GOULDING ;
ANDERSON , LANAGAN , H UNT, LAR UE HATCH AND N GUYEN F EBRUARY 18, 2025 _______________ 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[prescribing coercedcertain debtrequirements asrelating anto affirmativethe defensecollection inof certaina civildebt actionsthat tois collectthe anresult unsecuredof consumereconomic abuse or coerced debt;
settingrequiring fortha requirementsreporting foragency assertingthat receives certain notice that a debt or any portion of a debt is the result of economic abuse or] establishing coerced debt [to take] as an affirmative defense ofin coercedcertain civil actions [;] to collect a consumer 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;
(See, civile.g., actionchapters to353C collectand an649 unsecuredof consumerNRS) debt,[Existing alaw debtoralso maygoverns: assert as anin any affirmative defense that the debt is a coerced debt.
(1) the reporting of certain information concerning consumer credit;
and (2) the recording of any such information in the consumer report of a consumer.
(Chapter 598C of NRS) In general, sections 1 and 2 of this bill prescribe certain requirements relating to the:
(1) collection of a debt that is the result of economic abuse or coerced debt;
and (2) inclusion of certain information concerning any such debt on the consumer report of a consumer.
Sections 1 and 2 define the term “economic abuse” for the purpose of these requirements to mean any act taken by a person to:
(1) obtain control, through coercion, deception, manipulation, undue influence, threats of harm, force or fraud, over another person’s money, assets or property;
(2) restrain, sabotage or unreasonably control the ability of another person to acquire, use or maintain economic resources to which the person is entitled;
(3) exploit the relationship between the person and another person for 1 and 2 also define] Section 1 of this bill establishes that in any civil action to collect aons consumer debt, a coerced debt may be used as an affirmative defense.
(1) sets forth the requirements for assertingestablishing thea prima facie affirmative defense of coerced debt;
and (2) requiresdefines a“coerced court,debt” upon[for findingthe thatpurpose of these requirements] to mean a consumer debt or any part thereof which is the proximate result of a coercedperson debt,having been a victim of [identity theft,] domestic violence, human trafficking, abuse, coercion, fraud, duress, threats, intimidation, manipulation or other unlawful conduct intended to orderinduce the creditorperson to ceaseincur collectiondebt effortsagainst and,his ifor applicable,her correctown certainwill. records.
In[Specifically, addition, section 1 authorizes:requires a creditor to cease any collection efforts related to a debt and provide certain notice concerning the debt to certain reporting agencies if a debtor:
(1) theasserts creditorthat toall joinor aany thirdportion partyof who may be liable for the coerceddebt debtoris to recover attorney’s fees and costs from the personresult whoof coercedeconomic theabuse debt.e Existing law makes it a crime to issue a check or draftcoerced againstdebt; insufficient or no funds with intent to defraud.
(NRS 205.130) Under existing law, intent to defraud and knowledge(2) ofprovides insufficientcertain 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 forand thedocumentation 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 be presented in the usualcreditor courseconcerning of business if it is presented not more than 2 years after the datedebt. on which the credit instrument is issued.
-Section 83rd1 SessionAssembly (2025)Amendment –No. 2 – EXPLANATION – Matter in bolded italics is new;
matter442 between brackets [omitted material] is material to beAssembly omitted.Bill No.
THE250 PEOPLEPage OF4 THEnot STATEthe OFresult NEVADA,of REPRESENTEDeconomic INabuse SENATEor ANDcoerced ASSEMBLY,debt DOand ENACTprescribes AScertain FOLLOWS:requirements relating is to any such order.
Finally, section 1 provides that a creditor who violates section 1 is liable in a civil action for the violation.
Section 2 requires a reporting agency that receives certain notice that a debt or any portion of a debt is the result of economic abuse or coerced debt to:
(1) conduct an investigation concerning the debt;
and (2) remove from its files any reference to the debt or any portion of the debt determined by the reporting agency to be the result of economic abuse or coerced debt under certain circumstances.] THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
In[Except anyas civilotherwise actionprovided toin collectsubsections an4 unsecuredand consumer5, debt,if ita isdebtor anasserts affirmativethat defenseall underor applicableany courtportion rulesof thata debt is the result of economic abuse or coerced debt isand provides notice and adequate documentation to a coercedcreditor, debt.the creditor:
(a) Shall:
(1) Immediately cease any collection efforts related to the debt, including, without limitation, any effort to collect the debt by:
(I) Garnishing the wages, bank account or personal property of the debtor;
or (II) Bringing an action to collect the debt;
(2) Dismiss any action to collect the debt;
and (3) Return any payment made by the debtor on the debt, including, without limitation, any payment executed through a writ of garnishment;
and (b) Shall not assign or transfer any claim or account associated with the debt.
ToIn assertaddition to the affirmativerequirements defenseprescribed ofby coercedsubsection debt,1 and except as otherwise provided in subsection 4, if a debtor mustasserts submitthat all or any part of a debt is the result of economic abuse or coerced debt and provides notice and adequate documentation to a creditor, the court:creditor shall:
(a) AUsing writtenthe attestationcontact thatinformation includes,provided withoutby limitation:the debtor pursuant to subparagraph (4) of paragraph (b) of subsection 3, notify the debtor or person designated by the debtor to receive information concerning the debt, that:
(1) AThe statementcreditor thatis clearlyceasing identifiesany thecollection specificefforts debtrelated theto debtorthe asserts is a coerced debt;
and (2) AThe descriptiondebtor ofmay therequest circumstancesthat under which the supportingcreditor provide the allegation;ncurred,notice includingrequired specificby factsthis (3)paragraph Except as otherwise provided in subsectionwriting; 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;
and(b) (4)If A statement indicating the numbercreditor ofdoes timesnot own the debtordebt, hasnotify previously asserted the affirmativeowner defense of coercedthe debt inthat anythe actioncreditor oris proceedingceasing before a court in this State or any othercollection state,efforts includingrelated whetherto eachthe suchdebt; assertion was successful or unsuccessful;
and (b)(c) ANotify copyany reporting agency to whom the creditor reported information concerning the debt that the debt is the result of ateconomic leastabuse oneor coerced debt and request that the reporting agency remove from its files any reference to the debt or any portion of the followingdebt documents:determined by the reporting agency to be the result of economic abuse or coerced debt in accordance with subsection 3 of section 2 of this act.
(1) A police report, investigative report or complaint which the debtor filed with a law enforcement agency that is relevant to establishing that the debt is a coerced debt;
(2) A report filed with the Federal Trade Commission indicating that the debtor is a victim of identity theft;
or (3) A temporary or extended order for protection against domestic violence issued by a court of competent jurisdiction or other court record that is relevant to establishing that the debt is a coerced debt.
IfThe thenotice courtprovided determines that the debt identified by thea debtor pursuant to subparagraph (1) of paragraph (a) of sub(a) The court 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;t or (b) The creditor maydescribed joinin anysubsection third1: party who is or may be liable for the coerced debt or amend its complaint to assert a claim against any such person;
and(a) (c)May Thebe debtorprovided isorally entitledor toin recoverwriting; from the person who coerced the debtor into incurring the coerced debt reasonable attorney’s fees and costs, but may not recover such fees and costs from the creditor.
and (b) Must include:
(1) Sufficient information for the creditor to identify any claim or account associated with the debt;
Assembly Amendment No.
442 to Assembly Bill No.
250 Page 5 (2) A statement that the debt is the result of economic abuse or coerced debt;
(3) Information concerning the circumstances under which the debt was incurred, if known;
and (4) Contact information that the creditor may use to reach the debtor or a person designated by the debtor to receive information concerning the debt.
If thea debtorcreditor believesfinds that providing the informationnotice requiredprovided by subparagrapha (3)debtor ofis paragraphincomplete (a)or of subsection 2 is likelynot toaccompanied resultby inadequate abusedocumentation, to the debtorcreditor orshall, annot immediatelater familythan member5 ofbusiness thedays debtor,after thereceiving debtor may, in lieu of providing the information,notice, submitprovide to the courtdebtor a statement,specific signeddescription andof sworn to or affirmed by the debtor,additional thatinformation such disclosure is likely to result in abuse to the debtor or andocumentation immediaterequired familyby member of the debtor.creditor.
A creditor is not required to comply with subsection 1 until the creditor receives the additional information or documentation requested.
AsThe usedrequirements prescribed by paragraphs (a) and (b) of subsection 1 do not apply to a creditor who challenges that the debt is not the result of economic abuse or coerced debt in thisaccordance section:with subsection 6.
part6. thereof incurred 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:
(1)If Sexa traffickingcreditor ashas defineda ingood NRSfaith 201.300;basis to believe that all or any portion of a debt is not the result of economic abuse or coerced debt, the creditor may seek a court order declaring that the debt or any portion of the debt is not the result of economic abuse or coerced debt.
orIn (2)any Domesticsuch violence,suit: if the alleged perpetrator is a:
(I)(a) SpouseThe orfact formerthat spousethe debtor provided to the creditor the notice and documentation described in subsection 1 is prima facie evidence that the debt is the result of economic abuse or coerced debt, which must be rebutted by the debtor;creditor.
(II)(b) PersonThe whocourt hasshall atake childappropriate insteps commonto withprotect the debtor;debtor and any immediate family member of the debtor from an alleged perpetrator of economic abuse or coerced debt.
(III)7. Person related by blood or marriage to the debtor;
(IV)Nothing Personin whothis issection livingshall withbe orconstrued hasto livedprohibit witha thecreditor debtor;from taking any action to collect a debt from a perpetrator of economic abuse or coerced debt.
or8. (V) Person who was in a dating relationship with the debtor at the time the debt was incurred.
(b)A “Unsecuredcreditor consumerwho debt”violates doesthis notsection includeis liable in a creditcivil instrument,action asbrought definedpursuant into NRSthis 463.01467.section for actual damages, reasonable attorney’s fees and any punitive damages that the facts may warrant.
(c)9. “Victim” includes a person who alleges that he or she is a perpetrator of the act has been charged with or convicted of the act.
Sec.The provisions of this section apply to an action upon a contract filed in any court in this State, regardless of whether the contract contains a choice of law provision which provides that the contract is to be governed or interpreted pursuant to the laws of another state.
1.5.10.] In any civil action to collect a consumer debt, it is an affirmative defense that the debt is a coerced debt.
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.
IfA adebtor complainantestablishes causes a criminalprima actionfacie toaffirmative bedefense commencedthat for issuing a checkdebt or draft with intent to defraud and refuses to testify in the action, the complainant is presumeda tocoerced havedebt actedby maliciouslyproving andthat: without probable cause.
Sec.(a) The debt is a consumer debt accrued in his or her name;
2.(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;
(Deletedand by(c) amendment.)Being Sec.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.
As used in this section [:
(a) “Adequate documentation” includes, without limitation:
(1) A police report that identifies the debt as a result of economic abuse or coerced debt and describes the circumstances under which the debt was incurred.
Assembly Amendment No.
442 to Assembly Bill No.
250 Page 6 (2) A report filed with the Federal Trade Commission which states that the debtor is a victim of identity theft.
(3) An order from a court of competent jurisdiction finding that the debt is the result of economic abuse or coerced debt.
(4) An affidavit or declaration signed under penalty of perjury by a qualified third party to whom the debtor reported the economic abuse or coerced debt which:
(I) Identifies the debt;
and (II) Describes the circumstances under which the debt was incurred.
(b) “Coerced] , “coerced debt” means a consumer debt or any part thereof which is the proximate result of a person having been a victim of [identity theft,] 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.
[(c) “Collection agent” has the meaning ascribed to it in NRS 649.025.
(d) “Creditor” means any person to whom money is owed, including, without limitation, a collection agent or debt buyer.
(e) “Debt buyer” has the meaning ascribed to it in NRS 649.031.
(f) “Economic abuse” means any act taken by a person to:
(1) Obtain control, through coercion, deception, manipulation, undue influence, threats of harm, force or fraud, over another person’s money, assets or property, including, without limitation by:
(I) Restricting the access of the person to his or her money, assets, property or consumer report;
(II) Using the personal identifying information of the person to obtain credit, a good, a service or anything of value in the name of that person without his or her consent;
or (III) Using the money, assets or property of the person without his or her consent;
(2) Restrain, sabotage or unreasonably control the ability of another person to acquire, use or maintain economic resources to which the person is entitled, including, without limitation, by:
(I) Depriving the person of food, shelter, clothing or services which are necessary to maintain the physical or mental health of the person;
or (II) Causing or attempting to cause another person to be financially dependent on the person;
(3) Exploit the relationship between the person and another person for financial or other personal gain;
or (4) Exert undue influence over another person’s financial decisions, including, without limitation, by:
(I) Forcing the person into default on shared financial obligations;
(II) Misusing a power of attorney, guardianship or conservatorship of the person;
or (III) Failing to act in the person’s best financial interest.
(g) “Immediate family member” means a parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild.
(h) “Qualified third party” includes a:
(1) Law enforcement officer;
(2) Provider of health care;
(3) Person who provides services to victims of crimes;
or (4) Member of the clergy of a church or religious society or denomination.
(i) “Reporting agency” has the meaning ascribed to it in NRS 598C.100.] Assembly Amendment No.
442 to Assembly Bill No.
250 Page 7 Sec.
2.
[Chapter 598C of NRS is hereby amended by adding thereto a new section to read as follows:
ThisIf a consumer asserts that all or any portion of a debt is the result of economic abuse or coerced debt and provides notice and adequate documentation to a reporting agency or if the reporting agency receives notice from a creditor pursuant to paragraph (c) of subsection 2 of section becomes1 effectiveof uponthis passageact, the reporting agency shall, as soon as reasonably practicable after receiving the notice and approval.documentation, conduct an investigation concerning the debt.
SectionThe 1.5notice ofprovided thisby acta becomesconsumer effective upon passage and approval, and applies to anya creditreporting instrument,agency asdescribed defined in NRSsubsection 463.01467,1: signed by a drawer before, on or after the effective date of section 1.5 of this act.
(a) May be provided orally or in writing;
and (b) Must include:
(1) Sufficient information for the reporting agency to identify any account associated with the debt;
(2) A statement that the debt is the result of economic abuse or coerced debt;
(3) Information concerning the circumstances under which the debt was incurred, if known;
and (4) Contact information that the reporting agency may use to reach the consumer or a person designated by the consumer to receive information concerning the debt.
SectionIf 1the ofreporting thisagency actdetermines, becomesafter effectiveinvestigation, onthat Octoberthe 1,debt 2025,or and applies to any actionportion filedof onthe ordebt: after October 1, 2025.
~~~~~(a) 25Is -not 83rdthe Sessionresult (2025)of economic abuse or coerced debt, the reporting agency shall so notify the consumer.
(b) Is the result of economic abuse or coerced debt, the reporting agency shall remove from its files any reference to the debt or any portion of the debt determined by the reporting agency to be the result of economic abuse or coerced debt.
4.
As used in this section:
(a) “Adequate documentation” includes, without limitation:
(1) A police report that identifies the debt as a result of economic abuse or coerced debt and describes the circumstances under which the debt was incurred.
(2) A report filed with the Federal Trade Commission which states that the consumer is a victim of identity theft.
(3) An order from a court of competent jurisdiction finding that the debt is the result of economic abuse or coerced debt.
(4) An affidavit or declaration signed under penalty of perjury by a qualified third party to whom the consumer reported the economic abuse or coerced debt which:
(I) Identifies the debt as being the result of economic abuse or coerced debt;
and (II) Describes the circumstances under which the debt was incurred.
(b) “Coerced debt” means a debt or any part thereof which is the proximate result of a person having been a victim of identity theft, domestic violence, 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.
(c) “Economic abuse” means any act taken by a person to:
(1) Obtain control, through coercion, deception, manipulation, undue influence, threats of harm, force or fraud, over another person’s money, assets or property, including, without limitation by:
Assembly Amendment No.
442 to Assembly Bill No.
250 Page 8 (I) Restricting the access of the person to his or her money, assets, property or consumer report;
(II) Using the personal identifying information of the person to obtain credit, a good, a service or anything of value in the name of that person without his or her consent;
or (III) Using the money, assets or property of the person without his or her consent;
(2) Restrain, sabotage or unreasonably control the ability of another person to acquire, use or maintain economic resources to which the person is entitled, including, without limitation, by:
(I) Depriving the person of food, shelter, clothing or services which are necessary to maintain the physical or mental health of the person;
or (II) Causing or attempting to cause another person to be financially dependent on the person;
(3) Exploit the relationship between the person and another person for financial or other personal gain;
or (4) Exert undue influence over another person’s financial decisions, including, without limitation, by:
(I) Forcing the person into default on shared financial obligations;
(II) Misusing a power of attorney, guardianship or conservatorship;
or (III) Failing to act in the person’s best financial interest.
(d) “Qualified third party” includes a:
(1) Law enforcement officer;
(2) Provider of health care;
(3) Person who provides services to victims of crimes;
or (4) Member of the clergy of a church or religious society or denomination.] (Deleted by amendment.) Sec.
3.
The [amendatory] provisions [of section 1] of this act [do not] apply to any [contract entered into before] action filed on or after October 1, 2025 .
[, but do apply to any renewal or extension of such a contract.]