New Hampshire’s state law dealing with debt collection agencies (Revised Statutes Ann. Sections 358-C:1 to 358-C:4) follow closely to the federal Fair Debt Collection Practices Act (FDCPA). Features include:
- If the debt collector can’t reach you within 30 days he/she can talk to your spouse once
- Collectors cannot threaten you with violence or make verbal threats
- Debt collectors cannot call you repeatedly or outside of the hours of 8am through 9pm
- Collectors can leave debtors messages requesting a call back
- The only person the collector can communicate debt with is the debtor, another adult who lives with you or your attorney
- If you’ve asked the collector not to call you at work, the collector is prohibited from doing so
- Collectors cannot lie or misrepresent how much you owe
- You cannot be threatened with arrest, wage garnishment or repossession of property (unless it was used for collateral)
New Hampshire consumers can sue debt collection agencies and be awarded damages of up to $200. Additionally, consumers can also sue under the federal Fair Debt Collection Practices Act (FDCPA).
New Hampshire Statue of Limitations (SOL)
New Hampshire has a three-year statue of limitation (SOL) on open accounts such as credit cards, meaning that the creditor can contact you for up to three years. For written contracts creditors can also pursue you for up to three years. Consumers can consider New Hampshire debt settlement during the time the account remains open.
New Hampshire provides for less exemptions than other states, however the state provides exemptions for some areas:
- Pensions and retirement benefits--state worker, police, firefighter, federal employee pensions (limited protection for federal employee pensions)
- Public benefits/assistance-- workers’ compensation, unemployment, veterans and families with dependent children are protected
- In terms of insurance, firefighters insurance is exempt
New Hampshire 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