The Connecticut Fair Debt Collections Practices Act adheres to the Fair Debt Collections Practices Act. According to the Connecticut General Statutes Sections 36a-645 to 36a-647 and 36a-800 to 36a-810 (some highlights include):
- Collectors cannot use inappropriate or obscene language or make threats
- Calls must be made between 8am and 9pm unless you specify otherwise
- Calls made to you at work cannot be made if your employer disapproves
- Debt collectors cannot correspond with debtors via postcard or use an envelop that indicates its from a collections agency
- If you send a cease and desist letter via mail, the collector cannot contact you again except to tell you they are taking legal action against you
- During communication (whether in person or by phone) creditors must state his name and not misrepresent who he works for (i.e. cannot say he is a cop or an attorney)
- The debt collection agency cannot imply that you’ve committed a crime or threaten to sell your debt in an attempt to collect
- You cannot be contacted by a debt collector if you are being represented by an attorney
Connecticut debt relief law allows consumers to sue collectors within one year if any aspect of the law is violated. Consumers who file in state can collect up to $1,000 in damages and attorney fees--this is in addition to suing for violating the Fair Debt Collections Practices Act.
Connecticut Statue of Limitations (SOL)
For an open account (i.e. credit card), the statue of limitations to collect on a debt in Connecticut is six years. For a written contract, collection agencies have up to six years (three years if oral) to collect. In terms of wage garnishment in Connecticut, federal law applies, which is up to 25% of the worker’s wages or 40 times the federal minimum hourly wage of $5.15--whichever is less. However, under federal law social security benefits or pensions are not subject to garnishment.
In addition to wage garnishment, the creditor has the right to take levy the debtor’s bank accounts to apply funds toward the judgment balance.
Connecticut Credit Card Debt Relief Act of 2010
The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
- Debt settlement companies cannot request upfront fees from clients