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CONGRESS OF THE
COMMONWEALTH OF REDMONT
A BILL TO
ESTABLISH NEW DEBT RECOVERY LAWS
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
PART I: PRELIMINARIES
1 - Short Title and Enactment
(1) This Act may be cited as the "Provisional Debt Recovery Act" or "PDRA".
(2) This Act shall be enacted immediately upon its signage.
(3) This Act was authored by Deputy Speaker MJL.
(4) This Act is co-sponsored by Senator Anthony_Org.
(5) This Act amends the following acts:
(a) Criminal Code Act
(b) Redmont Civil Code Act
(c) Bankruptcy Act
(6) This Act repeals the Debt Recovery Quick Fix Act.
2 - Reasons and Intent
(1) This Act is to provide more flexibility for the DHS and DoC regarding policy. It further resolves an issue with player deportation and debt recovery. Finally, the Act adds one crime and two torts as well.
(2) The Debt Recovery Quick Fix Act is an older act that has shown its age with time. The time has come to replace it.
(3) As an alternative to the Timebomb Removal Act, this Act still ensures the DoC covers new players for their first 30 days on the server at a minimum of 33% of their net-losses.
PART II: DEFINITIONS
3 - Definitions
(1) As used in this act,
(a) "DHS" means Department of Homeland Security;
(b) "prevailing party" or "aggrieved party" means the party awarded damages in a court decision;
(c) "liable party" or "legal debtor" means the party who must pay damages to a prevailing party following a court decision;
(d) "Short Deport," "Long Deport," "Ban," and "Return" have the meanings given to those terms by the server rules as published and amended by staff from time to time.
(e) "written notice" means a message delivered via in-game /mail or forum private message that is timestamped and retainable as evidence.
(f) "debtor grace period" means the amount of time prescribed by policy where DHS shall fulfil its obligations under Subsection (2) of Section 4 of this Act;
(g) "recoverable damages" means the monetary compensation awarded to a prevailing party after a court order, verdict, or dismissal;
(h) "responding DHS officer" means the DHS secretary or a DHS member with delegated authority;
(i) "non-compliance determination" means a determination by the responding DHS officer under Subsection (3) of Section 4 of this Act that the legal debtor did not comply with a DHS demand for recoverable damages after the debtor grace period had elapsed;
(j) "DoC" means Department of Commerce; and
(k) "covered entity" means any player or company enrolled in Anti-Scam Insurance.
PART II: DEBT RECOVERY
4 - Initiation of Proceedings; Fines
(1) Following a dismissal or court verdict where one party was awarded recoverable damages, the prevailing party shall open a ticket with the DHS. The DHS may then add the legal debtor to said ticket in accordance with its own policy.
(2) (a) The responding DHS officer shall make its best efforts to contact the liable party to demand the recoverable damages by either (i) adding the legal debtor to the ticket, or (ii) providing the legal debtor a written notice which is added to the ticket.
(b) The provisions of this subsection shall not apply if the legal debtor is under a long deport. In such case, the responding DHS officer shall not need to contact said party and may immediately proceed as if the liable party ignored the written notice. The DHS may prescribe its own policy to provide for how it should handle legal debtors under a short deport such as whether to delay debt recovery proceedings or to bypass written notice requirements.
(3) If, in the opinion of the responding DHS officer, the legal debtor has not complied with the DHS demand for the recoverable damages within the debtor grace period, the DHS may fine the liable party the value of the recoverable damages and add it to the aggrieved party's balance directly.
5 - Asset Seizure Warrants
(1) Where the responding DHS officer is not able to grant the aggrieved party the full amount in recoverable damages after fining the legal debtor's in-game balance in accordance with Section 4 of this act, the DHS may file for an Asset Seizure warrant.
(2) Asset Seizure Warrant format
- SGT Name:
- Type of Warrant you are applying for:
- Who you are using the warrant on:
- Reasoning for warrant:
- Asset Seizure Amount:
- Requested Asset to seize:
- Evidence:
- Link to Court Order:
- Additional Information:
(3) The DHS responding officer will determine which assets to seize based on the amount of money outstanding. All assets seized must be put up for auction in an official government marketplace managed by the DoC. If there is money left after from the auction, it will be restored to the legal debtor's balance.
(4) (a) Seizable assets include: the player’s inventory, donator chest, ender chest, locked containers, real estate, and anything on their vault plot.
(b) Buildings on the vault plot may be auctioned off as a second-to-last resort, as either the building itself with a free paste to the auction winner, or as disassembled materials.
(c) If the player owns any shares at any companies, the person to whom the money is owed may agree to receive the shares for their current value as a last resort.
6 - PDRA Payment Plans
(1) Upon mutual agreement between the liable party and prevailing party, both parties may establish a PDRA payment plan. The formation of a PDRA payment plan shall not require any DHS action or ticket, but such PDRA payment plans may be established after DHS involvement has already begun in accordance with this act. In such cases, DHS may end debt recovery proceedings with an acknowledgement the PDRA payment plan.
(2) For all general purposes, a PDRA payment plan shall be considered a new contract between both parties. DHS shall not be obligated to to recover debts arising from a PDRA payment plan made under this section except when given an explicit court order to do so.
7 - Administrative Fee Policy
(1) The DHS may, at its discretion, establish a policy for setting administrative fees which shall be charged to the liable party where the responding DHS officer had made a non-compliance determination against the legal debtor.
8 - Bankruptcy Stay
(1) All asset seizure proceedings, fines for non-compliance, and related actions under this Act are stayed upon the filing of a bankruptcy petition by or against the legal debtor under the Bankruptcy Act.
(2) Aggrieved parties, as a creditor, whose recovery actions are stayed shall be entitled to file a Proof of Claim in the bankruptcy case.
9 - Trustee Standing for Asset Seizure
(1) A Trustee appointed under the Bankruptcy Act shall have standing to apply for an asset seizure warrant under Section 4 of this Act, on behalf of the bankruptcy estate, to recover non-exempt property of the legal debtor that has not been surrendered.
(2) The DHS shall process such applications under the same procedures applicable to applications by other authorized parties.
(3) A Trustee's application must be supported by:
(a) Proof of appointment as Trustee in a pending bankruptcy case;
(b) Identification of the property sought to be seized;
(c) Evidence of the legal debtor's refusal or failure to surrender the property; and
(d) A court order or referral from the Federal Court of Redmont supervising the bankruptcy case.
PART III: ANTI-SCAM INSURANCE
10 - Anti-Scam Insurance
(1) Establishment. The DoC is to run Anti-Scam Insurance, which provides players and companies with protection against entities declared bankrupt. It is meant to only pay out where all other methods of debt recovery have failed.
(2) Cost. Anti-Scam Insurance shall have a fixed monthly cost set by the DoC which shall be paid to account designated by them. DoC may introduce a tier system for payments or otherwise change rates through a set policy.
(3) Coverage. Any player or company that agrees to pay into it shall be enrolled and covered by Anti-Scam Insurance. The amount of coverage shall be set via DoC policy and determined by them. The DoC may elect to have different tiers be eligible for varying levels of coverage.
(4) Claims. DoC shall set policy for how covered entities shall apply for a payout. DoC shall further set reasonable limits on its policy for payouts but shall not payout more than 100% of recoverable damages.
(5) Exemptions. (a) The following forms of damages shall not normally be eligible for payout under anti-scam insurance:
(i) Punitive damages;
(ii) Consequential damages; and
(iii) Legal fees.
(b) DoC may create exceptions to the previous subsection to allow covered entities to be paid out for these damages via policy or on a case-by-case basis.
(6) It is the sole responsibility of the covered entities to track their coverage dates and make monthly insurance payments on time. Failure to submit a payment by its due date may result in the immediate suspension of coverage as determined by DoC policy. Coverage shall remain suspended until the required payment is sufficiently provided.
11 - New Player Coverage
(1) Universality. All players shall be automatically enrolled into Anti-Scam Insurance immediately upon first joining the server and shall continue to be enrolled for 30 days thereafter. This coverage shall expire after the 31st day since a player had first joined the server, but claims regarding incidents that occurred during coverage may be submitted up to a year after coverage had ended.
(2) Minimums. DoC shall ensure new players are covered for a minimum of 33% of their recoverable damages while under New Player Coverage. The exact percentage of coverage shall be set by DoC policy. DoC may further set policy capping payouts for recoverable damages to a specific dollar amount. The maximum dollar amount for such shall not be at a value of less than $10,000.
PART IV: AMENDMENTS AND REPEALS
12 - Amendments
(1) Part VII of the Criminal Code Act is hereby amended to include the following offence:
40 - Falsely claiming debt recovery
Offence Type: Summary
Penalty: Up to 50 Penalty Units
A person commits an offence if the person:
(a) knowingly makes a false claim for debt recovery under the Provisional Debt Recovery Act.
Relevant Law: Act of Congress - Provisional Debt Recovery Act
(2) Part X of the Redmont Civil Code Act is hereby amended to include the following tort:
8. Breach of PDRA Payment Plan
Violation Type: Administrative
Remedy: Up to 25 Civil Penalty Units; Compliance order
A person commits a violation if the person:
(a) fails to adhere to the terms of a PDRA payment plan agreed to under Section 5 of the Provisional Debt Recovery Act.
This violation shall not occur where:
(b) the breach of the PDRA payment plan was anything other than a failure to make monetary payments.
Relevant Law: Act of Congress - Provisional Debt Recovery Act
(3) Subsection (1) of Section 38 of the Bankruptcy Act is repealed and the following is substituted in lieu thereof:
(1) The Anti-Scam Insurance program under the
13 - Repeal
(1) The Debt Recover Quick Fix Act is hereby repealed in its entirety.
(2) Any debt recovery proceeding commenced under the Debt Recover Quick Fix Act that has not been completed by the effective date of this Act shall continue under the Debt Recover Quick Fix Act framework until completion.
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