With no state fair debt collection law, consumers in Wyoming should refer to the federal Fair Debt Collection Practices Act (FDCP) on how to deal with illegal debt collector practices. Some important rules include :
- Debt collector cannot publish or post your name
- Collectors may only contact debtors between 8am and 9pm unless you indicate otherwise
- If you are being represented by an attorney, the debt collector must communicate with you through your lawyer
- Creditor initiated calls must be made between the hours of 8am and 9pm (unless you indicate otherwise)
- Collectors must send all correspondence in an unmarked envelope--no postcards or stamps outside the envelope indicating it is from a collections agency
- The collector cannot misrepresent documents by making correspondence appear to be legal documents when its not
- Collectors cannot charge you fees or collect an amount greater than what you owe
- Debt can be disputed in writing within 30 days of receiving the first notice--the collector cannot contact you again until your notification mails
If a Wyoming consumer has been a victim of illegal debt collection practices the consumer can sue under the federal Fair Debt Collection Practices Act (FDCPA) and possibly receive up to $1,000 in actual damages.
Wyoming Statue of Limitations (SOL)
Wyoming has a eight-year statue of limitation (SOL) on open accounts such as credit cards, meaning that the creditor can contact you for up to eight years. For written contracts creditors can pursue you for up to 10 years. Consumers can consider Wyoming debt settlement during the time the account remains open.
In addition to Social Security, Wyoming provides protection for several areas of non-income wage garnishment. Exemptions include:
- Pensions: both private and public retirement benefits are protected--Wyoming consumers should check with their attorney to determine coverage
- Public benefits/assistance: workers’ compensation, unemployment compensation and aid to families with dependent children
- Insurance and annuity protection-- numerous areas are protected included fraternal society benefits, group life, annuity benefits of up to $350 per month in Wyoming
Wyoming 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