9 V.S.A. § 2495a: Definitions [Effective July 1, 2028]

As used in this subchapter:

(1) “Adequate documentation” means at least one of the following:

(A) a copy of a report filed with a federal, state, or local law enforcement agency that identifies the coerced debt and the circumstances under which the coerced debt was incurred, the filing of which subjects the person filing the report to criminal penalties for filing false information if, in fact, the information in the report is false;

(B) a court order finding that the debt was coerced; or

(C) a sworn certification from a qualified third-party professional regarding the debtor’s claim of coerced debt.

(2) “Coerced debt” means all or a portion of secured or unsecured debt solely or jointly in a debtor’s name that:

(A) was incurred as a result of domestic abuse, human trafficking, or the abuse, neglect, or exploitation of a vulnerable adult and the perpetrator’s:

(i) use of the debtor’s personal information without the debtor’s knowledge, authorization, or consent; or

(ii) use or threat of force, intimidation, undue influence, fraud, deception, coercion, or other similar means against the debtor;

(B) is not a mortgage loan as defined in 8 V.S.A. § 2101(15); and

(C) is not a commercial loan as defined in 8 V.S.A. § 2101(2).

(3) “Creditor” means a person, or the person’s successor, assignee, or agent, claiming to own or have the right to collect a debt owed by the debtor.

(4) “Debtor” means a person who:

(A) owes coerced debt; and

(B) is a survivor of domestic abuse or human trafficking; or

(C) is a vulnerable adult who is a survivor of abuse, neglect, or exploitation as those terms are defined under 33 V.S.A. chapter 69.

(5) “Domestic abuse” has the same meaning as abuse in 15 V.S.A. § 1101(1).

(6) “Future abuse” means abuse as defined in 15 V.S.A. § 1101(1), except that the abuse need not occur between family or household members.

(7) “Good faith” has the same meaning as provided in 9A V.S.A. § 1—201(b)(20).

(8) “Human trafficking” has the same meaning as in 13 V.S.A. § 2652 or 2653.

(9) “Perpetrator of coerced debt” or “perpetrator” means an individual who causes or is alleged to have caused coerced debt to be incurred by another.

(10) “Qualified third-party professional” means any of the following individuals who do not have a conflict of interest:

(A) an officer of the court or law enforcement personnel;

(B) a court-appointed special advocate;

(C) a crisis worker as defined in 12 V.S.A. § 1614(a)(1) employed at a program that assists survivors of domestic violence, sexual assault, stalking, human trafficking, or abuse of children, and who has relevant training or expertise;

(D) a licensed attorney; or

(E) a health care provider as defined in 18 V.S.A. § 9402(7).

(11)(A) “Statement of coerced debt” means a sworn written statement by a debtor provided by mail to a creditor that includes the following information:

(i) identification of the debt, or portion of the debt, alleged to be coerced debt;

(ii) if available, a description of the circumstances under which the coerced debt was allegedly incurred;

(iii) a statement by the debtor disclosing that the debtor did not willingly authorize the use of the debtor’s name or personal information to incur such debt;

(iv) any information known by the debtor, including account information or credit card information and, if applicable, the name of any other individual in whose name such debt was jointly incurred;

(v) the identity of and contact information for the perpetrator, if known, unless the debtor signs a sworn statement that disclosing such information is likely to result in future abuse to the debtor or to a member of the debtor’s immediate family;

(vi) the debtor’s preferred language and contact method and information such as a telephone number, email address, physical address, or safe address for either the debtor or a third party whom the debtor designates to receive information about the coerced debt, which shall be specified by the debtor; and

(vii) any other documents the debtor deems appropriate to support the statement.

(B) As used in subdivision (A) of this subdivision (11), “mail” means certified mail, certificate of mailing, or any other similar first-class mail tracking method used or approved by the U.S. Postal Service, including Intelligent Mail barcode Tracing (IMb Tracing). The term also includes any electronic or digital transmission that provides a verifiable date, timestamp, or tracking capability.

(C) A statement of coerced debt shall be notarized or shall include the following language inserted above the debtor’s signature and date:

“I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or to other sanctions in the discretion of the court.”

(12) “Sworn certification” means a written statement by a qualified third-party professional in the following form:

CERTIFICATION OF QUALIFIED THIRD-PARTY PROFESSIONAL

I,....................................... (name of qualified third-party professional), do hereby certify under penalty of perjury as follows:

1. I am a qualified third-party professional as defined in 9 V.S.A. § 2495a(10) who has had in-person contact or face-to-face contact through an electronic medium with ....................................... (name of debtor).

2. Based on my professional interactions with the debtor and information presented to me in my professional capacity, I have a reasonable basis to believe ....................................... (name of debtor) is a survivor of domestic abuse or human trafficking or is a vulnerable adult who is a survivor of abuse, neglect, or exploitation, and has incurred all or a portion of debt that is coerced debt.

3. Based on my professional interactions with the debtor and on information presented to me, I have reason to believe that the circumstances under which the coerced debt was incurred are as follows:

4. The following debts or portions of the debts have been identified to me as coerced:

I attest that the foregoing is true and correct.

(Printed name of qualified third-party professional)

(Signature of qualified third-party professional)

(Business address and business telephone)

(Date)