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Session of 2026
HOUSE BILL No. 2754
By Committee on Judiciary
Requested by Representative Ward on behalf of the Kansas Coalition Against
Sexual & Domestic Violence
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AN ACT concerning debt; enacting the providing civil relief from coerced
debt act; providing protections and remedies for victims of certain
debts constituting a coerced debt because of actions by another
individual within the context of domestic violence.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 4, and amendments thereto, shall be
known and may be cited as the providing civil relief from coerced debt act.
(b) This act shall be construed liberally and remedially to effectuate
its purpose of providing protections and remedies for victims of coerced
debt.
(c) The provisions of this act are severable. If any portion of this act
is held by a court to be unconstitutional or invalid or the application of any
portion of this act to any person or circumstance is held by a court to be
unconstitutional or invalid, the invalidity shall not affect other portions of
this act that can be given effect without the invalid portion or application,
and the applicability of such other portions of this act to any person or
circumstance remains valid and enforceable.
Sec. 2. As used in sections 1 through 4, and amendments thereto:
(a) "Act" means the providing civil relief from coerced debt act.
(b) "Adequate documentation" includes, but is not limited to, any of
the following documents:
(1) A police report that identifies the coerced debt, or a portion
thereof, and describes the circumstances under which the debt was
incurred;
(2) a federal trade commission identity theft report;
(3) an order from a court of competent jurisdiction setting forth
findings of economic abuse;
(4) written verification from a qualified third party to whom the
debtor reported the coerced debt, which shall be satisfied by any sworn
statement that includes the following:
(A) Information identifying that the party is a qualified third party;
(B) the letterhead, address and telephone number of such party's
employer or, if self-employed, of such party; and
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(C) information identifying the coerced debt, or a portion thereof, and
describing the circumstances under which the debt was incurred; and
(5) any other document that demonstrates a person was subject to
economic abuse and supports a statement of coerced debt.
(c) "Coerced debt" means a debt, or a portion thereof, that was
incurred because of the following within the context of domestic violence
as defined in K.S.A. 21-5111, and amendments thereto: Identity theft;
fraud; duress; intimidation; threat; force; coercion; manipulation; undue
influence; misinformation; or the nonconsensual use of the debtor's
personally identifiable information.
(d) "Creditor" means:
(1) An individual or entity to whom a debt is owed, due or asserted to
be due or owed;
(2) any assignee for value;
(3) a debt collection agency; or
(4) a debt buyer.
(e) "Debt" means an obligation or an alleged obligation to pay money,
except that "debt" does not include an obligation or an alleged obligation
to pay money that is secured by real property.
(f) "Debtor" means an individual who owes or is alleged to owe a
debt.
(g) "Economic abuse" means behavior that is coercive, deceptive,
manipulative or restrains, sabotages or unreasonably controls a person's
ability to acquire, use or maintain economic resources to which they are
entitled. "Economic abuse" includes, but is not limited to, using coercion,
threat of harm, force, fraud or manipulation to:
(1) Restrict an individual's access to money, assets, credit or financial
information;
(2) steal or unfairly use an individual's economic resources, including
money, assets and credit;
(3) use an individual's credit or property without authorization;
(4) prevent an individual from leaving such individual's residence to
attend school or employment;
(5) exploit the individual's resources for the offender's personal gain;
(6) withhold from an individual physical resources such as food,
clothing, necessary medications or shelter;
(7) cause or attempt to cause an individual to be financially
dependent by maintaining control over the individual's financial resources;
or
(8) exert undue influence over a person's financial behavior or
decisions, including forcing default on joint or other financial obligations,
exploiting powers of attorney, guardianship or conservatorship or failing
or neglecting to act in the best interest of the individual.
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(h) "Perpetrator of coerced debt" means an individual who causes or
is alleged to have caused debt to be incurred by another because of
economic abuse.
(i) "Qualified third party" means any:
(1) Law enforcement officer;
(2) physician, physician assistant, psychiatrist, psychologist, social
worker, nurse, therapist or clinical professional counselor who is licensed
to practice in any state;
(3) person who advises or provides services to persons regarding
domestic violence, family violence, human trafficking or abuse of
children, the elderly or dependent adults; or
(4) member of the clergy of a church, religious society or
denomination.
(j) "Statement of coerced debt" means a statement made by a debtor
to a creditor orally or in writing that conveys:
(1) Enough information about the debt or portion thereof to allow a
creditor to identify the account associated with the debt;
(2) that the debtor did not willingly authorize the use of such debtor's
name, account or personal information for incurring the debt, or portion
thereof, or a claim that a debt or portion thereof is a coerced debt;
(3) the facts describing how the debt was incurred if the debtor knows
how the debt was incurred; and
(4) the debtor's preferred contact method and information such as a
phone 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 debt.
Sec. 3. (a) Within 10 business days after receipt of a debtor's
statement of coerced debt, the creditor shall notify any consumer reporting
agency to which the creditor furnished adverse information about the
debtor that the debtor disputes the adverse information.
(b) If the debtor provides both a statement of coerced debt and
adequate documentation to the creditor, the creditor shall take the
following actions within 10 business days after receipt:
(1) Cease all attempts to collect the coerced debt from the debtor;
(2) refrain from filing any lawsuit to collect the coerced debt or, if a
collection action has already been filed, dismiss the action as against the
debtor unless the creditor is challenging that the debt is not a coerced debt
in such action pursuant to section 4(b), and amendments thereto;
(3) cease all garnishment of funds from the debtor;
(4) return to the debtor any payments that were made by such debtor
or received as part of a garnishment of funds from such debtor on the
coerced debt;
(5) notify the debtor that the creditor is ceasing all attempts to collect
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the debt from such debtor based on such debtor's claim of coerced debt.
The notice shall be provided to such debtor using such debtor's preferred
contact method. The creditor shall inform such debtor of the option to
receive the notice in writing;
(6) contact any consumer reporting agency to which the creditor
furnished information about the debtor and the coerced debt and request
that such reporting agency delete such information; and
(7) refrain from selling the debt or transferring such debt for
consideration. If the creditor does not own such debt and is collecting such
debt for another, the creditor shall notify the owner of such debt that such
creditor has ceased collection activities against the debtor because such
debt is a coerced debt.
(c) If the debtor provides to a creditor a statement that includes some
but not all of the information required of a statement of coerced debt or
provides an oral statement of coerced debt without adequate
documentation, the creditor shall notify such debtor within five business
days, using such debtor's preferred contact method, of the additional
information needed to complete the statement of coerced debt and of the
adequate documentation requirement. If the creditor provides this notice
orally, such creditor shall inform the debtor of the option to receive the
notice in writing.
(d) A creditor who provides the debtor with the form described in
subsection (f), in both English and Spanish, complies with the requirement
in subsection (c) for notifying the debtor of the additional information
needed to complete the statement of coerced debt and of the adequate
documentation.
(e) Any written notices under this section shall be provided to all
debtors in both English and Spanish. If the creditor provides oral
interpretation services or otherwise communicates with the debtor in any
language other than English, such creditor shall provide to the debtor the
notice required under this section in such creditor's preferred language
either orally or in writing.
(f) On or before January 1, 2027, the office of the state bank
commissioner, in collaboration with the national consumer law center,
shall publish a form for use under this act that is substantially similar to
model form A–1 published by the national consumer law center.
(g) In connection with any communication related to a debtor's
statement of coerced debt, the creditor:
(1) Shall only use the contact information that the debtor provides in
the statement of coerced debt to contact such debtor and shall not use any
other contact information;
(2) shall not disclose the contact information that the debtor provides
in the statement of coerced debt to any other person, including, but not
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limited to, the perpetrator of coerced debt or joint account holders, without
such debtor's express written authorization; and
(3) may request that the debtor provide the identity of the perpetrator
of coerced debt, if known, and the contact information for such
perpetrator, if known.
Sec. 4. (a) A debtor is not liable for a coerced debt. A debtor may
raise as a defense in any forum and by any allowable procedure that a
particular debt, or portion thereof, is a coerced debt.
(b) The debtor establishes a prima facie case that a debt is a coerced
debt by providing a statement of coerced debt and adequate
documentation. If the creditor has a good faith basis to believe that such
debt is not a coerced debt, such creditor may seek a court order in a court
of competent jurisdiction declaring such debt is not a coerced debt. In such
a suit, the creditor has the burden to disprove the debt is a coerced debt.
(c) A person shall not cause another person to incur a coerced debt. A
person who is found to be a perpetrator of coerced debt by a court of
competent jurisdiction shall be civilly liable to the creditor. The perpetrator
of coerced debt may also be civilly liable to the debtor to the extent that
such debtor made payments or incurred costs related to the coerced debt.
(d) A creditor may use all legal rights and remedies to collect the
coerced debt from the perpetrator of coerced debt.
(e) In any court action, the court shall take appropriate steps
necessary to protect the debtor or an immediate family member of such
debtor from an alleged perpetrator of coerced debt by sealing court
records, redacting personally identifiable information about such debtor
and any immediate family member of such debtor and directing that any
deposition or evidentiary hearing be conducted remotely.
(f) Any creditor who fails to comply with any of the provisions of
section 3, and amendments thereto, is liable to the debtor for:
(1) Any actual damages sustained by the debtor as a result of such
noncompliance;
(2) court costs and reasonable attorney fees as determined by the
court; and
(3) punitive damages if the court finds that a creditor's
noncompliance was willful.
(g) The provisions of this act apply to lawsuits filed in this state
regardless of whether a related contract provides that the law of another
state is chosen.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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