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Home » 50 White Papers in 50 Days Regarding Debt Collection Laws in Each of the 50 States

50 White Papers in 50 Days Regarding Debt Collection Laws in Each of the 50 States

One NL Member Attorney from each of the 50 states was asked to provide a 3-10 page white paper covering collection-law issues specific to their state. Each lawyer selected is active in the debt collection industry and has been a reliable and knowledgeable source of information for NL and our clients.

We and our authors are excited to be able to provide this state-specific information to creditors, collection agencies, debt buyers and NL attorney members who are looking for attorneys nationwide. Publication of these papers began on February 4, 2013 in alphabetical order. Access only requires a login to www.nationallist.com. The white papers are listed under Legal Resources.

miracles-happen-good-news

Dramatic (Positive) Change in Tennessee Debt Collection Law

by The National List of Attorneys April 30, 2013 1 Response

There is currently some unique legislation that is before the General Assembly of Tennessee that will benefit debt buyers and banks in TN if it is passed in the next few weeks

Read More »

visiting_utah

Passage of Utah Bill Gives Collection Lawyers Easier Access to DWS information

by The National List of Attorneys April 18, 2013 1 Response

If your state allows wage garnishment, you might want to follow Utah’s example and try to pass a bill that allows judgment creditors to access judgment debtor employment information (name and address of last known employer) directly from the State DWS (Department of Workforce Services) database.

Read More »

thank-you-note

National List Completes Publication of “50 White Papers in 50 Days”

by The National List of Attorneys April 17, 2013 (Be the first to respond)

On April 16, The National List of Attorneys published the paper on Debt Collection Laws in Wyoming, the last of our ambitious “50 White Papers in 50 Days” project. We actually published 52 papers in 52 working days, including Washington D.C. and the U.S. Virgin Islands. A Bonus for our followers!

Read More »

cowboy

Wyoming Debt Collection Laws: Like No Place on Earth

by The National List of Attorneys April 16, 2013 (Be the first to respond)

Wyoming has relatively low court costs. New court rules require cases under $50,000 to be brought to judgment in seven months.

Read More »

wisconsin-stamp

Wisconsin Debt Collection Laws: Live like you mean it

by The National List of Attorneys April 15, 2013 1 Response

In Wisconsin it is well settled that when a debtor makes a payment on a credit card, the payment not only tolls the statute of limitations, but also sets it running anew from the date on which the payment was made.

Read More »

west-virginia

West Virginia Debt Collection Laws: Wild and Wonderful

by The National List of Attorneys April 12, 2013 (Be the first to respond)

The office of the West Virginia Attorney General spends considerable resources targeting out-of-state creditors who attempt collection efforts within the state borders without proper licensing and bonding.

Read More »

Seattle-Washington

Washington Debt Collection Laws: Experience Washington

by The National List of Attorneys April 11, 2013 (Be the first to respond)

A potentially very significant case with regard to the collection of debt is presently pending before the Washington State Supreme Court.

Read More »

Virginia

Virginia Debt Collection Laws: Live Passionately

by The National List of Attorneys April 10, 2013 (Be the first to respond)

Virginia does not impose special licensing or bonding requirements for collections entities, and doesn’t have any heavy or harsh regulatory or enforcement history.

Read More »

st-john-us-virgin-islands

U.S. Virgin Islands Debt Collection Laws: United in Pride and Hope

by The National List of Attorneys April 9, 2013 (Be the first to respond)

There are few local statutes addressing the collection of debt in the U.S. Virgin Islands. Collection of consumer debts is addressed by the Territory’s prohibition on unfair trade practices, including deceptive and unconscionable trade practices

Read More »

vermont

Vermont Debt Collection Laws: Vermont, Naturally

by The National List of Attorneys April 8, 2013 (Be the first to respond)

Vermont does not require creditors, collection agencies, debt buyers, or Vermont-licensed attorneys to be specially licensed, registered, or bonded in order to engage in debt collection.

Read More »

Utah

Utah Debt Collection Law: This Is Still The Right Place

by The National List of Attorneys April 5, 2013 (Be the first to respond)

Gregory begins his paper by telling us, “Utah’s legal and regulatory environment is unapologetically “pro-business.” Utah is a state that believes in the summary enforcement of contract rights. Utah’s laws reflect that belief. For example, Utah does not have any usury laws, and will enforce any agreed upon rate of interest.” It would seem that the state slogan, “This Is Still The Right Place,” could easily apply to debt collection.

Read More »

Get Out of Jail Free

Texas Debt Collection Laws: A Debtors’ Haven?

by The National List of Attorneys April 4, 2013 1 Response

Butch warns creditors that “Texas is a debtors’ haven.” For example, Texas exemptions regarding garnishment and writs of execution are numerous and generous compared to other states. His “quick review” of exemptions includes: Wage Garnishment – Not allowed for creditors, but allowed for child support claims; Bank Garnishment – Allowed, but not as to funds that can be traced to an exempt source, i.e., Social Security or Retirement money; Homesteads – Generally 100 percent exempt, except for: purchase money liens, mechanic’s and materialman’s liens for work on that property, and taxes; Automobiles – Generally 100 percent exempt from the claims of third-party creditors.

Read More »

Tennessee

Tennessee Debt Collection Law: America at Its Best

by The National List of Attorneys April 3, 2013 1 Response

Today, The National List published the white paper on debt collection law in Tennessee, written by Kelly Dicken of Finkelstein, Kern, Steinberg, & Cunningham, P.C. (FKSC). Since their inception in the 1930s, FKSC has practiced in many different areas.

Read More »

Rushmore

South Dakota Debt Collection Law: Great Faces. Great Places.

by The National List of Attorneys April 2, 2013 (Be the first to respond)

Today, The National List published the white paper on debt collection law in South Dakota, written by David L. Edwards of Breit Law Office, P.C. The firm was founded by Donald H. Breit in 1975 and steadily grew into a leading collection practice in the state. They have been a member of The National List [...]

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South Carolina

South Carolina Debt Collection Laws: Smiling Faces. Beautiful Places

by The National List of Attorneys April 1, 2013 1 Response

Creditors need to know that South Carolina is a Right to Cure State. Failure to properly send a Notice of Right to Cure to a Debtor at least 20 days prior to repossessing a piece of collateral can give rise to a cause of action for conversion against the Creditor. This applies to secured and unsecured loans. Read more about SC Right to Cure laws in the paper.

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rhode_island

Rhode Island Debt Collection Laws: Courts are “Old School” in The Ocean State

by The National List of Attorneys March 29, 2013 (Be the first to respond)

The courts are in Rhode Island are ‘Old School.’ Everything remains on paper. Records are not available on computer, nor can they be searched that way. If you need a court document, expect to take a drive to the courthouse.

Read More »

pennsylvania

Pennsylvania Debt Collection Laws: You’ve Got a Friend in Pennsylvania

by The National List of Attorneys March 28, 2013 (Be the first to respond)

There are many procedural difficulties in Pennsylvania, no wage garnishment being the most significant. However, bank garnishments are permitted. Also, collection agencies, collectors, and debt buyers do not need to be licensed in PA.

Read More »

portland-oregon

Oregon Debt Collection Laws: We Love Dreamers

by The National List of Attorneys March 27, 2013 (Be the first to respond)

Arbitrators and judges in Oregon require chain of titles and solid document verification of debt before judgments are awarded.

Read More »

Oklahoma_City

Oklahoma Debt Collection Laws: Oklahoma is OK

by The National List of Attorneys March 26, 2013 (Be the first to respond)

Each county in Oklahoma, and even judges within the same county, operates independently, and therefore debt collection cases often require an approach that is unique to that county or judge.

Read More »

ohio-plate

Ohio Debt Collection Laws: So Much to Discover

by The National List of Attorneys March 25, 2013 (Be the first to respond)

Ohio has enacted a ‘borrowing statute’ with regards to which state statutes of limitations (SOL) apply. If a cause of action accrued in another state and that state’s SOL has passed, the SOL in Ohio is also deemed to have expired.

Read More »

North-Dakota

North Dakota Debt Collection Laws: Legendary

by The National List of Attorneys March 22, 2013 (Be the first to respond)

North Dakota is one of very few states where suit is commenced by service of the lawsuit, rather than filing the case with the court.

Read More »

north-carolina-beach

North Carolina Debt Collection Laws: A Better Place to Be

by The National List of Attorneys March 21, 2013 (Be the first to respond)

Although there are 100 counties with nearly 100 ways of interpreting NC law, they all agree that NC law does not permit wage garnishment in debt collection cases.

Read More »

new-jersey-postcard

New Jersey Debt Collection Laws: Come See for Yourself

by The National List of Attorneys March 20, 2013 (Be the first to respond)

Electronic filing is mandatory for attorneys or firms that file more than 400 DC complaints per year.

Read More »

new-mexico

New Mexico Debt Collection Laws: Land of Enchantment

by The National List of Attorneys March 19, 2013 (Be the first to respond)

In New Mexico, it is very, very difficult to collect on Indian land.

Read More »

New-York-City-Statue-of-Liberty

New York State Debt Collection Laws: I Love New York

by The National List of Attorneys March 18, 2013 (Be the first to respond)

One of the unique aspects of New York State debt collection law is that New York City has far more rules and regulations than the rest of the State, and that the consequences for not precisely following them are punitive and could be quite severe

Read More »

new-hampshire-colors

New Hampshire Debt Collection Laws: You’re Going to Love it Here

by The National List of Attorneys March 15, 2013 (Be the first to respond)

Anyone who wants to be successful in debt collections needs two skills: first, the ability to work with people–debtors, opposing counsel, court staff, etc.; second the ability to apply a solid dose of common sense and business judgment to the day-to-day job of running a successful office and to effectively representing creditors in debt collection cases.

Read More »

Conference+Las+Vegas

Nevada Debt Collection Laws: Wide Open

by The National List of Attorneys March 14, 2013 (Be the first to respond)

If you’re going to be issuing credit or purchasing debt in Nevada, understanding the basics of associated licensing, fees, regulations, and exemptions will help to better evaluate investment opportunities and avoid some of the common pratfalls that may make eventual collection a headache.

Read More »

nebraska

Nebraska Debt Collection Laws: Possibilities…Endless

by The National List of Attorneys March 13, 2013 2 Responses

One thing that makes debt collection unique in Nebraska is that you can execute across county lines but you cannot garnish across county lines.

Read More »

montana-fly-fishing

Montana Debt Collection Laws: The Last Best Place

by The National List of Attorneys March 12, 2013 (Be the first to respond)

With polite persistence we can get claims paid and obtain the respect of the folks we are collecting from. It does not always pay to be aggressive and mean.

Read More »

missouri_st-louis-arch

Missouri Debt Collection Laws: The Show Me State

by The National List of Attorneys March 11, 2013 (Be the first to respond)

Certain Missouri Civil Procedure rules allow a defendant to defend a claim with filing an answer. In Kansas, the consumer may have additional protections via the Kansas Consumer Protection Act.

Read More »

mississippi

Mississippi Debt Collection Laws: Feels Like Coming Home

by The National List of Attorneys March 8, 2013 (Be the first to respond)

Mississippi statutes require certain actions in order for a party to recover attorney’s fees, when they do not have a contract that specifically allows them

Read More »

minnesota-lakes

Minnesota Debt Collection Laws: Explore Minnesota

by The National List of Attorneys March 7, 2013 (Be the first to respond)

Minnesota is a ‘serve first’ state, which means an action is commenced upon service and not upon filing.

Read More »

michigan

Michigan Debt Collection Laws: Getting the Upper Hand

by The National List of Attorneys March 6, 2013 1 Response

Michigan is one of the few, if not the only state that allows private judgment-creditors to garnish an individual’s State Income Tax refund to be applied toward the unpaid judgment balance.

Read More »

massachusetts-welcome

Massachusetts Debt Collection Laws: The Spirit of America

by The National List of Attorneys March 5, 2013 (Be the first to respond)

Attorneys not licensed to practice law in the Commonwealth, who regularly engage in or whose principal purpose is debt collection, must obtain a license as a debt collector.

Read More »

maryland-crabs

Maryland Debt Collection Laws: Maryland of Opportunity

by The National List of Attorneys March 4, 2013 (Be the first to respond)

The great majority of routine collection cases in Maryland are brought in the District Court. As long as there is no problem with service, a plaintiff can expect to have judgment in the District Court, either by default or trial, in an average of nine months to a year.

Read More »

maine lighthouse

Maine Debt Collection Laws: The Way Life Should Be

by The National List of Attorneys March 1, 2013 (Be the first to respond)

What makes debt collection unique in Maine is that garnishment rights are extremely limited.

Read More »

GUMBO

Louisiana Debt Collection Laws: Come as You Are. Leave Different.

by The National List of Attorneys February 28, 2013 1 Response

While Louisiana’s legal system maintains different processes and terminology, creditors will find that the laws, procedures, and Judiciary are fair in the context of debt collection cases.

Read More »

Kentucky Debt Collection Laws: Unbridled Spirit

by The National List of Attorneys February 27, 2013 (Be the first to respond)

Be aware of the Kentucky guaranty statute. Creditors who ignore its requirements of stating the maximum amount and termination date do so at their peril.

Read More »

welcome-to-kansas

Kansas Debt Collection Laws: Kansas, as Big as you Think

by The National List of Attorneys February 26, 2013 2 Responses

Debt buyers beware! There is one law in Kansas that is unique and that sometimes catches debt buyers by surprise.

Read More »

fields

Iowa Debt Collection Laws: Fields of Opportunity

by The National List of Attorneys February 25, 2013 (Be the first to respond)

Today, February 25, 2013, The National List published the white paper on debt collection law in Iowa, written by attorneys Mark U. Abendroth and Thomas E. Sherzan, and their law firm Abendroth and Russell, P.C. The firm has been a member of The National List since 1996. Founded in 1987, Abendroth and Russell, P.C. is [...]

Read More »

indianapolis-motor-speedway

Indiana Debt Collection Laws: Start Your Engines

by The National List of Attorneys February 22, 2013 (Be the first to respond)

The National List of Attorneys published a white paper on debt collection law in Indiana today, which includes an account of how an antiquated law related to the statute of limitations was modernized in the state.

Read More »

chicago

Illinois Debt Collection Laws: Breaking News – Chicago’s New Debt Collection Ordinance

by The National List of Attorneys February 21, 2013 (Be the first to respond)

Debt Buyers must be particularly vigilant about obtaining full chains of title that clearly show the transfer of each purchased account from the original creditor to the current owner

Read More »

welcome-to-idaho

Idaho Debt Collection Laws: The Gem State

by The National List of Attorneys February 20, 2013 (Be the first to respond)

Judgments in Idaho last for five years and can be renewed for an additional five years. This often makes it difficult for debtors to escape their obligations.

Read More »

hawaii

Hawaii Debt Collection Laws: The Islands of Aloha

by The National List of Attorneys February 19, 2013 (Be the first to respond)

People in the state of Hawaii live on 7 of the 8 major islands. There are courts on most of them. Attorneys cannot drive from one island to another. The only feasible way to travel between islands for court appearances is by airplane.

Read More »

georgia-capitol-atlanta

Georgia Debt Collection Laws: Georgia on My Mind

by The National List of Attorneys February 18, 2013 (Be the first to respond)

Using the legal collection channel in Georgia can be tricky, as the state has 159 counties, and each county sets its own filing fees. Having a knowledgeable collection staff to determine proper venue is a must.

Read More »

south-florida

Florida Debt Collection Laws: Discover Your Own Back Yard

by The National List of Attorneys February 15, 2013 2 Responses

Florida has a reputation as being a very debtor-friendly state and a challenging state for collections. While it does permit a variety of significant personal exemptions, they are not absolute.

Read More »

Washington-DC

District of Columbia Debt Collection Laws: Influenced by the Laws in Maryland

by The National List of Attorneys February 14, 2013 (Be the first to respond)

To understand collections law and practice in Washington, D.C., it is necessary to remember that the District of Columbia was established as the seat of the National Government by the U.S. Constitution from an original ten square mile tract along the Potomac River, taken from Maryland and Virginia.

Read More »

Rehoboth-Beach-Delaware

Delaware Debt Collection Laws: It’s Good Being First

by The National List of Attorneys February 13, 2013 (Be the first to respond)

You can’t judge a claim by its cover, as even the most uncollectible claim or judgment may be fully collectible.

Read More »

connecticut-countryside

Connecticut Debt Collection Laws: “Full of Surprises”

by The National List of Attorneys February 12, 2013 1 Response

The state slogan for Connecticut is “We’re full of surprises.” Creditors are often surprised that Connecticut is an appearance state, which means a creditor must appear as a witness for a hearing, they cannot just submit an affidavit or have a telephonic hearing. And out-of-state collection agencies may be surprised that Connecticut is a closed border state, meaning they cannot engage in any collection practices unless they are properly licensed in the state.

Read More »

Colorado-skiing

Colorado Debt Collection Laws – 50 White Papers in 50 Days

by The National List of Attorneys February 11, 2013 (Be the first to respond)

The Colorado Court of Appeals recently overturned a state court case limiting the statute of limitations to three years for unsecured debt, specifically medical debt. The statute of limitations is back to six years.

Read More »

san_francisco_golden_gate_bridge

California Debt Collection Laws

by The National List of Attorneys February 8, 2013 1 Response

One thing that makes debt collection unique in California is that, under a new CA state law effective 1/1/13, we can levy a bank account at one central bank location.

Read More »

little-rock

Arkansas Debt Collection Laws

by The National List of Attorneys February 7, 2013 (Be the first to respond)

Arkansas is a rural state that has a large number of courts for its population as well as two separate types of civil courts. Arkansas is a debtor-friendly state, for the most part.

Read More »

grand-canyon

Arizona Debt Collection Laws

by The National List of Attorneys February 6, 2013 (Be the first to respond)

One thing creditors need to know about debt collection in Arizona is the state’s community property laws and how they affect personal guaranties.

Read More »

alaska

Alaska Debt Collection Laws

by The National List of Attorneys February 5, 2013 (Be the first to respond)

Today, February 5, 2013, The National List of Attorneys published the white paper on debt collection law in Alaska written by attorney Richard L. Crabtree, and his law firm Routh Crabtree.

Read More »

Alabama Debt Collection Laws: 50 White Papers in 50 Days

by The National List of Attorneys February 4, 2013 (Be the first to respond)

Today The National List of Attorneys published the white paper on debt collection law in Alabama written by attorney Brent Yarborough and his law firm Zarzaur & Schwartz, P.C.

Read More »

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