Debt Collectors and Consumer Rights
Your rights as a consumer protect you from aggressive debt collectors and unfair or deceptive practices.
All consumers have certain rights, even if they're in debt. Under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and other laws, you can fight unfair or misleading practices by creditors, debt collectors and others.
This page is your hub for learning about your consumer rights.
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How the Fair Debt Collection Practices Act Protects You
Written by Attorney Alexander Hernandez.
Updated July 27, 2023
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from third-party debt collectors and collection agencies. The FDCPA's main purpose is to protect consumers from abusive and deceptive practices used by debt collectors. The federal law sets limits when and how collectors can contact you, prohibits harassment and false representations, and gives consumers the right to dispute debts. If debt collectors violate of the FDCPA, you can take legal action or report them to various federal agencies.
Read More →How To Deal With Debt Collectors (When You Can’t Pay)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
If you’re being contacted by debt collectors for a debt you simply can’t repay, it’s important to know your rights to protect yourself from harassment and validate the debt. Once you know the debt is valid, look into your debt relief options. Getting a free consultation with a nonprofit credit counselor can help you understand your options and make a plan to deal with your debt.
Read More →How to Stop Debt Collection Companies?
Written by Kristin Turner, Harvard Law Grad.
Updated August 9, 2023
Do you want to stop debt collection companies? You may need to do more than to request that they stop contacting you.
Read More →What is a Consumer Protection Attorney?
Written by Jonathan Petts.
Updated October 24, 2021
A consumer protection attorney may help you protect your rights under one or many consumer protection laws.
Read More →What is a Debt Collection Attorney?
Written by Jonathan Petts.
Updated April 20, 2023
A debt collection attorney is a type of attorney who specializes in debt collection. They can represent either creditors or borrowers, so it is smart to find a debt collection attorney who specializes in a practice area specific to your type of case. While a debt collection attorney cannot make your debt disappear, they can help you navigate the debt collection process and protect your legal rights. Keep in mind, though, that hiring a lawyer will be an additional cost to you.
Read More →3 Steps To Take if a Debt Collector Sues You
Written by Attorney Paige Hooper.
Updated August 25, 2023
If you haven’t paid a debt, you can be sued by a debt collector. If the debt collector wins the lawsuit and gets a judgment against you, they can take more aggressive collection actions. To avoid this, you’ll need to answer the complaint, prepare a defense, and show up to the hearing prepared. It’s also good to get familiar with debt collection laws so you’ll know if the debt collector has broken them.
Read More →How To Protect Yourself From Debt Collector Harassment
Written by Attorney Alexander Hernandez.
Updated July 13, 2023
If your credit card or other debt has been sold to a debt collection agency, they may be harassing you with endless, at times even threatening, communication. Debt collectors may contact you through phone calls, text messages, social media, and more. Knowing your rights and taking steps to protect yourself — like asking the debt collector to validate the debt and taking detailed notes of your interactions — is your best defense against aggressive debt collectors.
Read More →How To Find Out What Debt Collectors You Owe
Written by Attorney Amelia Niemi.
Updated August 18, 2023
If it feels like you’re drowning in a sea of debt, it can seem impossible to find a life raft, especially if the debt collectors have already started circling. Getting a handle on who you owe and how much money you owe them is an important first step in sorting out your personal finances. This article will give you some tips and tools you can use to climb aboard that life raft, grab a paddle, and start sorting out your financial life.
Read More →Are You Getting Calls From Collection Agencies and Worried What Might Happen? Find Out Here!
Written by Lawyer John Coble.
Updated March 22, 2021
Calls from debt collectors are stressful and - if you don’t know what to expect they can be downright scary. Learn whether a collection agency can sue you and how to protect your rights, so you’re ready the next time a collection agency calls.
Read More →How To Stop Collection Calls: A Comprehensive Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
If you have debt you’re struggling to manage, you don’t need the added stress of irritating collection calls. Keep reading to learn how you can stop debt collection calls from interrupting your life.
Read More →Will I Go to Jail for Not Paying My Debts?
Written by Attorney Kassandra Kuehl.
Updated August 10, 2023
You can't be thrown in jail for not paying your credit cards and it's illegal for collection agencies to threaten you with jail time over the phone. Don’t be intimidated by such threats; be proactive, know your rights under the FDCPA, and research your debt relief options, such as credit counseling and Chapter 7 bankruptcy.
Read More →Credit Report Fraud
Written by Attorney Alexander Hernandez.
Updated August 5, 2020
Millions of people are victims of identity theft and other forms of credit report fraud each year. By carefully monitoring your credit and diligently rooting out credit report fraud, you can better ensure that, even if you’ve become a victim of fraud, your financial future will be protected.
Read More →Can You Remove Collection Accounts From Your Credit Report?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
If you have a debt sent to collections, it will be recorded on your credit report and hurt your credit score. Sometimes collections accounts are incorrectly reported or reported on old debt. If there are errors regarding collections accounts on your credit report, you have the legal right to dispute them and have them removed. This shouldn't cost you anything. You can also write a goodwill letter to ask the creditor or collection agency to remove the collections account from your report. This isn’t guaranteed to work, but it won’t hurt to ask. If the information about the collections account is correct and current, you can’t have it removed from your credit report. Be aware that so-called credit repair companies that offer to clean up your credit report for a fee may be a scam.
Read More →I Am Being Sued for a Credit Card Debt. Now What?
Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 18, 2023
If you don’t make your credit card payments, the credit card company or collection agency will try to collect on the debt, but they can also bring a credit card lawsuit. If you get sued for credit card debt, it’s important to answer (reply to) the lawsuit. You should also ask the collection agency to verify the debt to ensure that you actually owe it and that they have the correct details about the debt amount. When you file your answer, you’ll include your defenses about why the debt collector shouldn’t win the case.
Read More →How To Dispute a Debt You Don’t Owe
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 21, 2023
If you’re contacted about a debt you don’t owe, you’ll want to dispute it with the creditor or debt collector. Often these consumer debts are also incorrectly reported to the three major credit bureaus, so you’ll want to check your credit report, too. You can also send a dispute letter to the credit bureaus asking them to remove incorrect information. Here are the four basic steps to dispute a debt you don’t owe: - Ensure the debt collector has validated the debt. - Send a dispute letter (or the tear-off portion of the debt validation letter, which allows you to easily start the dispute process). - Check your credit report and send a credit dispute letter or notices of dispute to any reporting agency with inaccurate information. - Follow up if/as needed until the matter is resolved.
Read More →Help! I’m Being Sued For An Old Debt
Written by Lawyer John Coble.
Updated June 5, 2021
This article will discuss the ways to handle a debt collection lawsuit. You'll learn how to save time and money when defending against a debt collection matter and may even learn how to win the case.
Read More →Can You Remove Student Loans From Your Credit Report?
Written by Attorney Jenni Klock Morel.
Updated April 7, 2023
If the information about your student loan on your credit report is accurate, you can’t have that information removed. It will eventually drop off your credit report, and as it ages, it will impact your credit less and less. It can take 7–10 years for student loans to be erased from your credit report. Defaulted student loans take seven years to be removed from your credit report while paid-off student loans may stay on your report for 10 years.
Read More →A Guide to Arizona Debt Collection Law
Written by Mark P. Cussen, CMFC.
Updated December 12, 2021
Do you live in Arizona? Are you behind on your credit card or other consumer debt payments? The Fair Debt Collection Practices Act dictates many of Arizona’s laws in this area. But there are some key differences between the FDCPA and the laws of the state of Arizona. Here we will examine the laws of Arizona pertaining to debt collection, where they differ from the FDCPA, and why this issue should matter to you.
Read More →The Judge in Small Claims Court Was Wrong. Can I Appeal?
Written by Natasha Wiebusch, J.D..
Updated November 2, 2021
Unlike other types of lawsuits, not everyone has a right to appeal a small claims case. This article will explore how small claims appeals differ by state. It is important to understand how your state deals with small claims appeals specifically, as rules vary significantly from state to state.
Read More →What Are My Rights When a Debt Collector Is Threatening To Sue Me?
Written by Attorney Curtis Lee.
Updated September 17, 2021
Being sued by a debt collector can be a scary thing, but you have rights that protect you from harrassment and abusive collection practices. These rights and the rules debt collectors must follow are outlined in the Fair Debt Collection Protections Act. Learn what they mean for you and how to respond to a debt collector that has violated these rules. Also, find out what steps you can take if a debt collector has filed a lawsuit against you.
Read More →Cancellation Of Debt & Related Pitfalls
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated May 15, 2023
If you have debts that you are unable to pay, bankruptcy is not your only option. You might be able to negotiate with your creditors to have some of your debt canceled. Learn what debt cancellation is, how it works, and forms of debt cancellation have to be declared as taxable income and which. Also find out which method of debt cancellation might work best for your situation.
Read More →What Is the Statute of Limitations for Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023
Statutes of limitations are state laws that limit the time a debt collector has to bring a lawsuit. After the statute of limitations has passed, debt collectors can still sue you, but the statute of limitations is a strong defense in a debt collection lawsuit. The length of these laws can vary tremendously by state and by the type of contract you made for the debt (oral, written, etc.).
Read More →How Debt Relief Works
Written by Attorney Paige Hooper.
Updated July 28, 2023
If you're struggling to keep up with the minimum payments or paying everything you can and not making a dent in the balances that you owe, there are several debt relief options available to help you eliminate your debt and move forward with your life. Read this article to learn the different types of debt relief available and how they work, the benefits and risks associated with each option, and which debt relief solution(s), if any, may be a good fit for your situation.
Read More →Know Your Rights Under Massachusetts Debt Collection Laws
Written by Attorney Kimberly Berson.
Updated July 30, 2021
Debt collection isn’t without limits. Federal laws and state laws protect consumers from abusive debt collection practices. Massachusetts debt collection laws offer significant protections to Massachusetts residents from the deceptive acts of debt collectors. This article outlines the rights of Massachusetts residents who are dealing with debt collectors.
Read More →What Is a Time-Barred Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
A time-barred debt is one where the creditor has missed the deadline to legally bring a claim against you in court. Unfortunately, debt collectors may still try to contact you about old debts that are time-barred by the statute of limitations. But there are ways to deal with these debt collectors. Read this article to learn more about how to tell if your debt is covered by a statute of limitations and what to do if you’re contacted by a creditor that is trying to collect a time-barred debt.
Read More →How Maryland’s Debt Collection Laws Protect You
Written by Attorney Kimberly Berson.
Updated August 3, 2021
Debt collectors are allowed to collect, but they can’t do whatever they want to get you to pay. The federal Fair Debt Collection Practices Act protects you against unfair harassment from debt collectors. Maryland state law provides you with even more safeguards. Maryland regulates the conduct of anyone who is seeking to collect a debt, not just those who are in the business of debt collecting. Read more to learn how the Maryland Consumer Debt Collection Act can protect you from the abusive behaviors of debt collectors.
Read More →I’m Getting Collection Calls on Sunday. What Are My Rights?
Written by Attorney Eric Hansen.
Updated September 18, 2023
Unless and until you tell them otherwise, debt collectors can call you from 8 am to 9 pm local time on any day of the week, including Sunday. The good news is that federal law protects you against harassment and unfair treatment by debt collectors. The Fair Debt Collection Practices Act (FDCPA) empowers you to instruct a debt collector not to contact you on Sundays if you consider this an inconvenient time. If a debt collector doesn't honor your request, you can report them to the Consumer Financial Protection Bureau for violating the law.
Read More →Laws Protecting Californians From Debt Collectors
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 12, 2022
Debt collection laws come from federal and state governments. California has chosen to put extra laws into place to protect California residents. The Rosenthal Act is one such law. There is also a federal law, the Fair Debt Collection Practices Act, that protects consumers across the United States. Keep reading to learn more about California debt collection laws and how they protect you.
Read More →How To Sue Debt Collectors Who Break the Law
Written by Natasha Wiebusch, J.D..
Updated July 28, 2023
The Fair Debt Collection Practices Act (FDCPA) prohibits harassment, abuse, and other behavior intended to bully debtors. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to sue them. In this article, we explain how to sue an abusive debt collector, what an FDCPA lawsuit can and cannot help you with, and what other options you have to stop communication from collectors.
Read More →What Is a Debt Validation Letter and How Do You Get One?
Written by Attorney Curtis Lee.
Updated September 14, 2023
A debt validation letter is a letter that includes basic information about a debt someone is trying to collect from you. If a debt collector is trying to collect an unpaid debt, they’re required by law to send you a debt validation letter before contacting you or within five days of their first contact with you.
Read More →I Live in Washington State and Debt Collectors Are Calling
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2021
Washington state has two laws that protect you, the Consumer Protection Act (CPA) and the Collection Agency Act (CAA). The FDCPA is the minimum standard for states, but Washington’s laws increase the standards. It’s like having a low federal minimum wage and a higher state minimum wage. In this article, we’ll help you learn how Washington’s debt collection protection laws can help you stop debt collectors from calling.
Read More →Illinois Debt Collection Laws
Written by Attorney Eric Hansen.
Updated August 16, 2021
The land of Lincoln and home of the Chicago-style deep-dish pizza, the Obamas, and…unsavory and unscrupulous debt collectors? Yes, unfortunately for residents of the Prairie State, Illinois also happens to have a lot of debt collectors that have flourished due to favorable state laws. A debt collection agency in Illinois can sometimes be as cold as a Chicago winter.
Read More →Debt Collector Calling Family Members? Know Your Rights.
Written by Attorney Eric Hansen.
Updated July 17, 2023
Debt collection agencies can contact family members or your place of work, but they have to be careful about what they ask about. They can't discuss your debt with any third parties. They’re really only supposed to call third parties if they can’t reach you or don’t have your contact information. These rights are spelled out under the Federal Fair Debt Collection Practices Act (FDCPA), which also protects you from debt collector harassment.
Read More →Debt Settlement Attorneys: How Can They Help?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 13, 2021
One way you can get debt relief is through debt settlement. A good debt settlement attorney can help you settle your debts. They should also be able to provide advice on other debt-relief options like debt consolidation, debt management, and bankruptcy. A debt settlement lawyer may be able to help you get a better overall settlement deal. Perhaps most importantly, they can help you avoid the stress of communicating with aggressive debt collectors. This article will explain debt settlement and the benefits of hiring a debt settlement attorney.
Read More →Does Colorado Law Protect Me From Debt Collectors?
Written by Attorney Tori Bramble.
Updated September 13, 2021
Collection agencies are required to follow federal and state laws when trying to collect a debt from you. Fortunately, all states are under the protection of the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA is a debt collection law that protects you from intrusive and predatory collection agency practices such as calling you late at night, cursing at you, and trying to collect a debt you don’t owe. Some states, including Colorado, also have laws that provide additional protections for consumers from debt collectors. Here we’ll discuss the consumer protections available to Colorado residents under the Colorado Fair Debt Collection Practices Act (CFDCPA).
Read More →The Home Ownership and Equity Protection Act (HOEPA)
Written by Attorney Todd Carney.
Updated April 12, 2022
Dealing with your mortgage likely always feels high stakes. The last thing you want is to jeopardize your home. Luckily, the Home Ownership and Equity Protection Act (HOEPA) protects Americans against abusive lending practices. This article will summarize these regulations and provide you with a clear understanding of what protections HOEPA offers.
Read More →Understanding a Bank Levy and What You Can Do About It
Written by Attorney William A. McCarthy.
Updated October 24, 2021
If a creditor can establish that you have an unpaid debt, they may be able to use a collection action called a bank levy. This allows them to seize the funds you owe directly from your bank account. Most creditors will have to jump through some legal hoops to do this, but some government agencies don’t need to go to court before levying your bank account.
Read More →Free Foreclosure Lawyers: How To Deal With a Foreclosure Without Money
Written by Attorney Curtis Lee.
Updated December 31, 2021
The majority of home mortgage foreclosures happen because homeowners don’t have enough money and stop making their mortgage payments. But many times borrowers have a legitimate defense against foreclosure. Or they’re willing to accept the foreclosure but could use some help in making sure their rights are protected during the foreclosure process. If you can't afford to pay for a foreclosure defense attorney, there are other options you can use to help you through a foreclosure proceeding. You can handle the foreclosure on your own, set up a free consultation with an attorney, contact a free legal aid society, or look for a pro bono lawyer.
Read More →Can a Creditor Levy Your Bank Account More Than Once?
Written by Attorney Todd Carney.
Updated July 10, 2023
A bank levy is a legal move that allows creditors to collect a debt by taking money directly from a borrower’s bank account. Creditors can continue to take money from your account until your debt is paid off. Although this process can seem scary, this article will educate you on how to be prepared for a levy and what your rights are.
Read More →Can Social Security Legally Check My Bank Account?
Written by Attorney Todd Carney.
Updated October 30, 2021
It is a common question – can the government see inside your bank account? The simple answer is no, but there are some reasons that your bank account may be checked if you're applying for Social Security benefits. Knowing how and why it happens, as well as some of the things that might affect your eligibility for Supplemental Security Income, will tell you whether these checks are nothing to worry about or something to be concerned about.
Read More →What Debt Collectors Can, and Can’t, Do To Collect a Debt
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 7, 2023
The debt collection process can be confusing. You probably have many questions about what a debt collector can and can’t do. Luckily, there are debt collection laws designed to protect you from deceptive practices and misleading representations. This article will outline what debt collectors can and can’t do and teach you how to protect your rights.
Read More →Foreclosure Surplus Funds: What They Are & How To Claim Them
Written by Chiara King.
Updated October 31, 2021
In some states, your lender can sue you to collect a deficiency if your unpaid balance was more than the foreclosure sale price. But, if the unpaid balance is less than the foreclosure sale price, any surplus funds belong to you – not the lender.
Read More →The Government Lawsuit Against Ocwen
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated November 15, 2021
Even after the multibillion-dollar settlement, Ocwen has continued to violate the law when servicing mortgage loans. As a result, some borrowers may still have reasons to make claims against Ocwen for unlawful practices related to their mortgage loans, including illegal foreclosures.
Read More →What Are Mini Miranda Rights?
Written by Attorney Paige Hooper.
Updated November 11, 2021
When a debt collector contacts you, they have to identify themselves as a collector and tell you they're trying to collect on a debt. This is sometimes called a "Mini Miranda” requirement. This requirement was created to prevent unfair questioning and practices in the debt collection process. These rights are updated occasionally to address new communication technologies.
Read More →How Do Deficiency Judgments Work in Florida?
Written by Attorney Curtis Lee.
Updated April 12, 2022
When the sale price of an asset — like a home or car — is less than the debt owed to a lender, a deficiency balance arises. Florida law allows lenders to pursue deficiency balances from borrowers once a court grants them a deficiency judgment. But sometimes, borrowers are protected from collection efforts.
Read More →Your Rights After Your Lender Transfers Your Home Loan
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated November 11, 2021
If your lender sells or transfers your home loan, you have the right to be notified. This transfer won't change the terms of your mortgage but if you are unsure of who your new mortgage holder or servicer is, you could suffer negative consequences.
Read More →Can I Change My Mortgage Loan Servicer?
Written by Attorney Todd Carney.
Updated November 29, 2021
Borrowers cannot generally change their mortgage loan servicers unless they refinance. Even then, servicers may change at any time without a borrower's permission. It is important for homeowners to know their rights when it comes to dealing with mortgage servicers.
Read More →Do You Need a Predatory Lending Attorney?
Written by Attorney Eric Hansen.
Updated November 17, 2021
Predatory lenders get borrowers to agree to unfair or abusive loan terms. You can avoid getting into this situation by knowing common predatory practices and learning how to spot them when you’re shopping for a loan. If you or a loved one has been a victim of predatory lending, you can get an attorney to help you understand your options.
Read More →Can You Be Arrested and Put in Jail if You Don’t Pay Your Debts?
Written by Attorney Todd Carney. Legally reviewed by Attorney Paige Hooper
Updated August 25, 2023
You can’t be arrested or put in jail for not repaying consumer debts like credit cards or medical bills. But you can be sued, which sometimes leads to arrest or jail time. If you’re sued and don’t comply with the court requirements, like showing up for a debt examination, you can be arrested. You can avoid being arrested by complying with any court orders.
Read More →What Can (and Can’t) Mortgage Servicers Do?
Written by Attorney William A. McCarthy.
Updated November 26, 2021
After borrowers get mortgage loans with a lender, the loans are often transferred or sold to a mortgage servicer who manages the loan. Your servicer is often not the bank that loaned you the money. Mortgage servicers have to follow federal rules relating to payment processing, information requests, late payments, and loss mitigation. These rules help protect borrowers from foreclosure. Sometimes servicers make costly mistakes, so it’s good to know what these rules are and how to find and address errors.
Read More →What To Do if a Debt Collector Is Calling You at Work
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023
Debt collectors can call you at work unless and until you tell them to stop calling. Under federal law, debt collectors and creditors are prohibited from contacting borrowers at work once they have reason to know that a borrower's employer doesn't permit these kinds of calls. The law does allow for other collection tactics, so it is important to know your rights concerning debt collection communications.
Read More →How the Federal Government Can Help After a Natural Disaster
Written by Attorney Todd Carney.
Updated December 11, 2021
The federal government provides short-term and long-term help for victims of natural disasters like wildfires, earthquakes, severe storms. Federal disaster relief agencies like FEMA provide food, shelter, water, money, and healthcare for those affected by a natural disaster. The IRS, U.S. Small Business Administration, and U.S. Department of Labor are lesser-known government agencies that help out with various aspects of disaster relief as well.
Read More →18 Bank Accounts You Can Open Even if You Have Bad Credit
Written by Lawyer John Coble.
Updated November 24, 2021
It used to be that if you had bad credit you could only open subpar second-chance checking accounts. They often had high fees and few benefits or good features. Now there are a lot of online banks that offer checking accounts with great features, even if you have bad credit. This article looks at 18 great options.
Read More →14 Resources Debt Collectors Can Use To Find You
Written by Attorney Eric Hansen.
Updated November 30, 2021
In the Digital Age, it isn't usually very hard for debt collectors to track down the whereabouts of borrowers who have fallen behind on their debts. From DMV and utility company records to social media profiles and credit bureau feedback, debt collectors can almost always access information that helps them to contact borrowers whose debt payments are delinquent.
Read More →Stop Debt Collectors With a Cease and Desist Letter (+ Template)
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023
A cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take. While sending a cease and desist letter is a good way to stop debt collectors from harassing you, it doesn’t make your debt disappear. If the debt is valid, the debt collector may choose to take legal action to recover the debt.
Read More →How New York’s Statutes of Limitations on Debt Protect You
Written by Attorney Tina Tran.
Updated August 21, 2023
The statute of limitations on debt in New York state is three years. This is the amount of time that a creditor or debt collector has to sue borrowers to collect debts. After three years pass without activity on the account, a creditor or debt collector may still try to sue you for a debt, but you can use the statute of limitations as a defense in the lawsuit.
Read More →New York’s Statute of Limitations for Credit Card Debt
Written by Lawyer John Coble.
Updated April 10, 2023
If you have credit card debt that you can’t pay, creditors and debt collectors can’t try to collect on it forever. Statute of limitations set a timeline for creditors and other debt collectors to collect on a debt. In New York, a recent law is strengthening the protections you get from the statute of limitations by shortening the timeline and not allowing creditors to restart the statute of limitations if you make a payment.
Read More →New York Small Claims Court – Overview and Limits
Written by Lawyer John Coble.
Updated April 10, 2023
The New York Small Claims Court is a special part of the court system. The legal process in small claims courts is simplified and informal so that anyone can access it without needing to hire a lawyer. Only individuals can use small claims courts in New York, and you can only use the court to sue for money. The amount of the claim you can bring ranges from $3,000 to $10,000, depending on where you live in the state.
Read More →Judgment Enforcement and Collection in New York State
Written by Lawyer John Coble.
Updated April 10, 2023
If a creditor gets a court judgment against you, it can’t enforce it until it’s entered by the court clerk. If you don’t pay the judgment voluntarily, the judgment creditor has several debt collection options at its disposal. In addition to options like wage or bank account garnishment, the creditor could contact an enforcement officer for assistance.
Read More →A Guide to New York’s New Debt Collection Laws
Written by Lawyer John Coble. Legally reviewed by Attorney Paige Hooper
Updated August 28, 2023
New York state's Consumer Credit Fairness Act (CCFA), reduced the statute of limitations for consumer debts from six years to three years. It also added notification requirements for creditors and debt collectors that sue borrowers. Under the CCFA, the statute of limitations can’t be restarted if a borrower makes a payment or acknowledges a debt. Finally, under the CCFA, debt collectors must be able to prove they own the debt when they sue to collect on it.
Read More →How To Vacate a Default Judgment in New York: An Overview
Written by Attorney Curtis Lee.
Updated August 23, 2023
If you get sued and you don’t respond to the lawsuit’s complaint and summons, the court can enter a default judgment. But you can have this judgment vacated or removed. To do so, you need to have a reasonable excuse for not appearing in court and a defense to the allegations against you. You also have grounds to vacate if the person suing you didn’t properly serve the required documents. You can speed up the process by using an Order to Show Cause form.
Read More →New York State Pre- and Post-Judgment Interest Rates
Written by Attorney Curtis Lee.
Updated April 10, 2023
If a creditor wins a court judgment against you, you’ll have to pay the money judgment amount and any interest the judge orders. This can be pre-judgment interest, which is the interest added to the debt owed. There’s also post-judgment interest, which is the interest added to the amount of the money judgment. On April 30, 2022, the judgment interest accrual rate will drop from 9% to 2% for debt collection cases in New York state.
Read More →A Guide to New York State Debt Collection Laws & Regulations
Written by Attorney Curtis Lee.
Updated August 21, 2023
Federal and state laws protect New Yorkers against illegal and unfair debt collection practices. At the state level, the new Consumer Credit Fairness Act strengthens consumer protections in debt collection lawsuits. Under the law, new notice requirements apply for debt collectors that sue borrowers, and the statute of limitations to bring a lawsuit dropped from six years to three years.
Read More →A Review of the New York Fair Debt Collection Practices Act
Written by Attorney Curtis Lee.
Updated July 7, 2023
Everyone who lives in the U.S. is protected from unfair debt collection practices under the Federal Debt Collection Practices Act (FDCPA). States like New York have enacted state laws to address unfair debt collection practices as well. New York’s Fair Debt Collection Practices Act is similar to the FDCPA in the ways it limits when and how debt collectors can communicate with consumers. Unlike the federal law, the state law doesn’t allow consumers to directly sue those who violate the state law. They must file a complaint with the state attorney general who will pursue legal action.
Read More →How Do You Respond To a Debt Collection Lawsuit in New York?
Written by Attorney Curtis Lee.
Updated August 21, 2023
If you get sued by a creditor looking to collect a debt, you’ll be notified of the lawsuit with a summons and complaint. In New York, you have 20 or 30 days to respond to (answer) the debt collection lawsuit. The time frame depends on how you were served notice of the lawsuit. In your response (answer) you’ll want to address each issue listed in the complaint and assert your affirmative defenses and counterclaims. Then, file your answer with the court and send the plaintiff a copy. This article walks you through the process and potential defenses.
Read More →New York State Wage Garnishment Laws: Your Complete Guide
Written by Attorney Curtis Lee.
Updated August 23, 2023
Most creditors must get a court order to garnish your wages if you live in New York. Two exceptions are garnishments for public debts (like past-due taxes and family debts (like child support). The law limits how much of your weekly earnings a creditor can take through wage garnishment. These limits vary based on the minimum wage where you live and the type of debt you owe. Finally, an employer can’t fire you because you have a wage garnishment order against you.
Read More →Judgments and Judgment Liens in New York State
Written by Attorney Jenni Klock Morel.
Updated April 10, 2023
If you have an unpaid debt, a creditor can sue you to get a judgment against you. This allows them to garnish your wages, levy your bank account, or file a judgment lien against your home or car. Judgments and judgment liens in New York are very powerful. Money judgments can be enforced for up to 20 years in New York.
Read More →New York State Garnishment Laws
Written by Attorney Paige Hooper.
Updated July 25, 2023
Most creditors must get a court order to garnish your wages if you live in New York. Two exceptions are garnishments for public debts — like past-due taxes — and family debts, like child support. The law limits how much of your weekly earnings a creditor can take through wage garnishment. These limits vary based on the minimum wage where you live. Finally, an employer can’t fire you because you have a wage garnishment order against you.
Read More →What Is a Debt Verification Letter? (+ Template Link)
Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 14, 2023
A debt verification letter is correspondence you can send to a debt collector to get more information about a debt or to start the dispute process. If you’re contacted by a debt collector and something doesn’t seem right about the collection agency or the debt itself, you can use a debt verification letter to learn more about the agency and the debt. This can help you dispute debts you don’t actually owe or identify potential debt collection scams.
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