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Statutes and Rules: PROPOSEDVRCP9.1(h)_ 55(b)_ VRSCP3

Name

PROPOSEDVRCP9.1(h)_ 55(b)_ VRSCP3 

Title of Rule

Proposed Amendments to Rules 9.1 and 55(b)(7) of the Vermont Rules of Civil Procedure and Rule  3(e) and (h)(7) of the Vermont Rules of Small Claims Procedure 

Rule Type

Proposed 

Brief Statement about Rule

The proposed addition of Rule 9.1 to the Vermont Rules of Civil Procedure incorporates the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure. The proposed addition of Rule 55(b)(7) requires that a motion for default in a credit card action must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it.  These changes will harmonize practice in small claims and civil actions and avoid the need for discovery with regard to basic items related to a credit card collection claim.
 
The proposed amendment to Rule 3(e) of the Vermont Rules of Small Claims Procedure eliminates the word “clearly” as an unnecessary intensification of the requirement that evidence of successive assignments of the debt show the name of the debtor on the original debt.
 
THE COMMENT PERIOD ENDED ON 8/13/2014.

Promulgated Date

 

Promulgated Effective Date

 

Date Comment Period Ends

 

Contact and Address

William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us

Order #

20 
Created at 6/12/2014 9:54  by Deb Laferriere 
Last modified at 3/26/2015 8:35  by Deb Laferriere