HB 427 CS (2005) -  Procedures for the Satisfaction of Debts

General Bill by Seiler (CO-SPONSORS) Bullard; Goodlette; Henriquez
Procedures for the Satisfaction of Debts: Revises provisions relating to the satisfaction of judgments and decrees; eliminates the authority of judges to act when there is no clerk of court; revises requirements relating to the clerk when accepting payment for satisfaction of a judgment and executing and recording a satisfaction of judgment; provides a sample form to be used by a clerk for recording a satisfaction of judgment; revises provisions relating to the notification of satisfaction of judgment to a judgment holder; revises procedures for acquiring a judgment lien; provides court authorization to file a judgment lien certificate before a judgment becomes final; revises provisions relating to continuations of judgment liens; revises provisions requiring the Department of State to maintain files and information; deletes a provision authorizing creditors to bring actions against the property of a debtor; revises provisions relating to foreign judgments to apply only to out-of-country foreign judgments; revises requirements for notices of a levy and execution sale; clarifies provisions relating to payment of money received under execution; revises requirements regarding supplementary proceedings for unsatisfied judgments and judgment liens; deletes provision that a garnishing creditor must believe that execution would be unavailing; specifies time period for a garnishee to serve an answer to a writ; increases time period during which a garnishing creditor may object to the debtor's claim of exemption and request a hearing; provides for automatic dissolution of a writ and discharge of a garnishee of liability under certain circumstances; grants a plaintiff the right to extend a writ for a certain time period; revises provisions relating to the designation of homestead property by the owner prior to levy to include foreign judgments; provides that the Uniform Commercial Code of the state governs the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage; provides that the assignment of such a mortgage need not be recorded in order for a security interest in the mortgage to attach or be perfected under the Uniform Commercial Code; clarifies that, for transactions involving real property, creditors and subsequent purchasers may rely on the records filed with the clerk of court as opposed to Uniform Commercial Code filings; revises the amount of fees or contributions that a debt manager or credit counselor may charge to debtors; revises an audit requirement for debt managers and credit counselors; excludes creditor contributions from funds disbursement requirements for debt managers and credit counselors.
Companion Bill passed CS/CS/SB 370 Satisfaction of Debts By Justice Appropriations and Judiciary and Campbell
Effective Date: upon becoming a law.
Last Event: Companion Bill passed, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 370 (Ch. 2005-241) on Friday, April 29, 2005 3:15 PM; HB Laid on Table

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 370 Subject: Satisfaction of Debts Relationship: Similar
Bill #: HB 381 Subject: Financial Entities and Transactions Relationship: Compare
Bill #: CS/CS/CS/SB 304 Subject: Financial Entities & Transactions Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Justice Council 4/18/2005 11:15:31 AM
Chamber: House Committee: Justice Appropriations Committee 3/20/2005 2:05:19 PM
Chamber: House Committee: Justice Appropriations Committee 3/17/2005 4:11:53 PM
Chamber: House Committee: Civil Justice Committee 3/1/2005 10:54:38 AM
Chamber: House Committee: Civil Justice Committee 2/21/2005 9:59:34 AM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 370 (Ch. 2005-241) Time: 04/29/2005 - 3:15 PM Member: Committee: Version: c3
Event: H Substituted CS/CS/SB 370 Time: 04/29/2005 - 3:15 PM Member: Committee: Version: c3
Event: H Bill added to Special Order Calendar (4/29/2005) Time: 04/27/2005 - 6:28 PM Member: Committee: Version: c3
Event: H Amendment 236055 filed Time: 04/26/2005 - 4:14 PM Member: Committee: Version: c3
Event: H Added to Second Reading Calendar Time: 04/18/2005 - 4:17 PM Member: Committee: Version: c3
Event: H Bill released to House Calendar Time: 04/18/2005 - 4:17 PM Member: Committee: Version: c3
Event: H Pending review of CS under Rule 6.3 Time: 04/18/2005 - 11:22 AM Member: Committee: Version: c2
Event: H Reported out of Justice Council Time: 04/18/2005 - 11:16 AM Member: Committee: Justice Council Version: c2
Event: H Favorable with CS by Justice Council Time: 04/14/2005 - 6:00 PM Member: Committee: Justice Council Version: c2
Event: H Added to Justice Council agenda Time: 04/14/2005 - 2:28 PM Member: Committee: Justice Council Version: c2
Event: H Added to Justice Council agenda Time: 04/14/2005 - 2:28 PM Member: Committee: Justice Council Version: c2
Event: H Added to Justice Council agenda Time: 04/12/2005 - 4:25 PM Member: Committee: Justice Council Version: c2
Event: H Now in Justice Council Time: 03/22/2005 - 2:49 PM Member: Committee: Justice Council Version: c2
Event: H Remaining referral: Justice Council Time: 03/22/2005 - 2:49 PM Member: Committee: Justice Council Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 03/21/2005 - 9:20 AM Member: Committee: Version: c1
Event: H Reported out of Justice Appropriations Committee Time: 03/20/2005 - 2:06 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Favorable with CS by Justice Appropriations Committee Time: 03/18/2005 - 12:03 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Added to Justice Appropriations Committee agenda Time: 03/16/2005 - 4:14 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Now in Justice Appropriations Committee Time: 03/02/2005 - 1:12 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Remaining referral: Justice Council Time: 03/02/2005 - 1:12 PM Member: Committee: Justice Council Version: c1
Event: H Remaining referral: Justice Appropriations Committee Time: 03/02/2005 - 1:12 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 03/01/2005 - 11:07 AM Member: Committee: Version: __
Event: H Reported out of Civil Justice Committee Time: 03/01/2005 - 10:57 AM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable with CS by Civil Justice Committee Time: 02/23/2005 - 12:00 PM Member: Committee: Civil Justice Committee Version: __
Event: H Added to Civil Justice Committee agenda Time: 02/11/2005 - 4:03 PM Member: Committee: Civil Justice Committee Version:
Event: H Now in Civil Justice Committee Time: 02/07/2005 - 10:36 AM Member: Committee: Civil Justice Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Justice Council Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Justice Appropriations Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Civil Justice Committee Version:
Event: H Filed Time: 01/21/2005 - 9:34 AM Member: Seiler Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
55.141
55.202
55.204
55.205
55.602
55.603
55.604
55.605
55.606
56.21
56.27
56.29
77.03
77.04
77.041
77.07
222.01
319.27 HB 1697
679.1021
701.02
817.801 HB 381
817.802 HB 381
817.804 HB 381
817.805 HB 381