State Laws

[sisflomi]

Here is where you can search through your state laws.

I will try to add specifics if I can find them.

Each state has their own laws on retail sales installments and UCC codes.

If you know of any that I couldn't find, please email me or pm me and I will add it to the list.

* = Community Property States

CA required to be licensed in your state? Check here
http://www.nationalcollection.net/license.htm?/

[sisflomi]

Alabama State Laws
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Interest Rate: Legal:6% Judgment:12%

Statute of Limitations
Open Acct:3
Written Contract:6
Domestic Judgment:20
Foreign Judgment:20

Bad Check Laws (civil penalty): Greater of $10 or Actual Bank Charges

General Garnishment Exemptions:
75% of wages are exempt from garnishment

UCC
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Articles of Remedies
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

CA License/Resident Agent
http://www.sos.state.al.us/sosinfo/inquiry.cfm

SOL
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Bad Checks
Section 7-3-118

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Alaska State Laws
http://www.legis.state.ak.us/folhome.htm

Interest Rate
Legal:10.5%
Judgment:10.5% or contractual

Statute of Limitations
Sale of Goods:4
Written Contract:6
Domestic Judgment:10
Foreign Judgment:10

Bad Check Laws (civil penalty)
Damages in amount equal to $100 or triple the amount of the check
whichever is greater. But no more than $1000 over the amount of the check.

General Garnishment Exemptions: See federal law below.
Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to
30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption,
it supersedes any state law.

SOL
http://old-www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx02/query=*/doc/{t2241}?

Retail Installment Sales Act
http://old-www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx02/query=retail+installment+act/doc/{@17116}?

CA Liscense/Resident Agent
http://www.dced.state.ak.us/bsc/CorpStart.cfm

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Arizona State Laws *
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

Interest Rate: Legal:10% Judgment:10% or contractual

Statute of Limitations
Open Acct:3
Written Contract:6 in Az
4 outside Az
Domestic Judgment:5 additional 5 upon request (indefinitely)
Foreign Judgment:4

Bad Check Laws (civil penalty): Twice the amount of check, costs of suit, reasonable attorney fees.

General Garnishment Exemptions: See federal law below.
Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to
30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption,
it supersedes any state law.

3 YR SOL
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/00543.htm&Title=12&DocType=ARS

6 YR SOL
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/00548.htm&Title=12&DocType=ARS

State UCC
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=47

Licensed Collection Agencies
http://www.azbanking.com/Lists/CA_List.HTML

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Arkansas State Laws
http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code

Interest Rate: Legal:6% or 5 points above the Fed. discount rate
Judgment: Contract rate or 10% per annum whichever is greater

Statute of Limitations
Open Acct:3
Written Contract:5 (part pay stops statute from running)
Sale of Goods: (UCC- 2) 4
Domestic Judgment:10 Renewable
Foreign Judgment:10

Bad Check Laws (civil penalty): Twice amount of check - prior to double charge - can start out with $15 charge
per NSF check after 30 days.

General Garnishment Exemptions: $500 head of family; $200 single.
Includes personal property except clothing.

[sisflomi]

California State Laws *
http://www.leginfo.ca.gov/calaw.html

Interest Rate: Legal:10%
Judgment:10% (Unless otherwise contracted)

Statute of Limitations
Open Acct:Reduced to writing- 4
Open Acct:No writing- 2
Written Contract:4
Domestic Judgment:10 (renewable at 10)
Foreign Judgment:10 (commencing with judgment debtor’s
commencement of CA. residence.)

Bad Check Laws (civil penalty): Amount due, Treble damages - minimum $100 maximum $1500 per check

General Garnishment Exemptions: See federal law below.
Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to
30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption,
it supersedes any state law.

SOL
§337 4 Years §339 2 Years
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

California Penal Code 518-527
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527

State UCC
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=com&codebody=&hits=20

CA FDCPA AKA Rosenthal FDCPA
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1788-1788.3

FDCPA w/CA FDCPA
http://www.dca.ca.gov/legal/dc_2.pdf

[sisflomi]

Colorado State Laws
http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Your online laws are set up all together. When you click on the link,
click on colorado statutes. From there this is where to find each thing relevent to credit issues.

Interest Rate: Legal:8% Judgment:8% (or higher if specified in contract or note)

Statute of Limitations
Open Acct: 3
Written Contract: 6 (signed promissory note)
Written Contract Goods Services: 3
Domestic Judgment District Court - 20 (renewable every 20)
County Court - 6 (renewable every 6)
Foreign Judgment: 6 in CO.

General Garnishment Exemptions: See federal law below.
Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to
30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption,
it supersedes any state law.

Bad Check Laws (civil penalty): Treble Damages & Reasonable Fees

SOL Title 13 Limitations of Actions
13-80-101. 3 Years
13-80-103.5. 6 Years

Title 4 UCC
Bounced Check 3 years SOL 4-3-118

Title 5 Consumer Credit Code
Article 5 Part 1
5-5-103. Restrictions on deficiency judgments in consumer credit sales.

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Connecticut State Laws
http://www.cga.state.ct.us/2003/pub/titles.htm

Interest Rate: Legal:8% Judgment:10%

Statute of Limitations
Open Acct: 6
Written Contract: 6
Oral Contract: 3
Domestic Judgment: 20/25
Small Claims Judgment: 10/15
Foreign Judgment:20

Bad Check Laws (civil penalty): Personal liability of signatory on corporate claims unless signed in corporate capacity.

General Garnishment Exemptions: 25% you may garnish disposable earnings each week,
or 40 x fed. min. hourly wage, whichever is less.

SOL
http://www.cga.state.ct.us/2001/pub/Chap926.htm#sec52-576.htm

State UCC
http://www.cga.state.ct.us/2003/pub/Title42a.htm

CA License Info
http://www.state.ct.us/DOB/pages/collect.htm

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DELAWARE
http://www.delcode.state.de.us/

Interest Rate
Legal - Fed Reserve Discount Rate Plus 5% Points
Judgment - Fed Reserve Discount Rate Plus 5% Points

Statute of Limitations
Sale of Goods: 4
Open Acct: 4
Written Contract: 3
Domestic Judgment: No provision
Foreign Judgment: No provision

Bad Check Laws (civil penalty): Amount due, cost of suit, protest fees
Bounced Check SOL § 3-118. 3 Years

General Garnishment Exemptions: 85% of disposable earnings or disposable earnings
minus $150 weekly according to schedule.

SOL § 4-111. Statute of limitations 3 Years
http://www.delcode.state.de.us/title6/c004/sc01/index.htm

§ 2-725. Statute of limitations in contracts for sale 4 Years
http://www.delcode.state.de.us/title6/c002/sc07/index.htm

Retail Installment Sales
http://www.delcode.state.de.us/title6/c043/index.htm#P-1_0

State UCC
http://www.delcode.state.de.us/title6/index.htm#TopOfPage

CA License/Resident Agent
http://www.state.de.us/corp/phoneinfo.htm

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FLORIDA STATE LAWS

http://www.flsenate.gov/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

SOL
95.11 Limitations other than for the recovery of real property
http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0095/Ch0095.HTM

Cause of Action
95.031 Computation of time
http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0095/Sec031.HTM

State UCC
TITLE XXXIX COMMERCIAL RELATIONS Ch.668-688
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXIX#TitleXXXIX

Paying won't automatically restart SOL
95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

Credit Contracts
687.0304 Credit agreements
www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0687/Sec0304.HTM

Florida FDCPA & FCRA
www.dbf.state.fl.us/licensing/ch559.html

Your Rights as a Debtor
www.flabar.org/tfbtemplates.nsf/newwebsite?openframeset&frame=content&src=/TFB/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/14e6210c7536af9d85256b2f006c54ed?OpenDocument

CA Liscense
www.dbf.state.fl.us/licensing/download.html

Liens
www.hidayricke.com/news/Articles/legal%20references/chapter%2055%20FS.htm

Public Records
www.ccfcorp.dos.state.fl.us/corpweb/inquiry/jlinquiry.html

Court Process
www.phonl.com/fl_law/rules/frcp/frcp1.htm

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Georgia State Laws

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1

SOl
9-3-26 4 Years
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=9-3-26

State UCC
11-1-101
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=11-1-101

11-9-102 G THE FOLLOWING SECTION EXEMPTS CREDIT CARDS FROM "WRITTEN INSTRUMENTS"

11-9-102. Definitions and index of definitions.
(a) Article 9 definitions. As used in this article, the term:
(48) "Instrument" means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include
(i) investment property,
(ii) letters of credit,
or
(iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

9-3-110 PROHIBITS RE-AGING OF SOL- UNLESS IN WRITING
A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.

[sisflomi]

HAWAII STATE LAWS
http://www.capitol.hawaii.gov/hrscurrent/

INTEREST RATE:
LEGAL: 10% JUDGMENT: 10% (NO WRITTEN CONTRACT)
STATUTES OF LIMITATIONS (IN YEARS)
SALES OF GOODS: 6
OPEN ACCT: 6
WRITTEN CONTRACT: 6
DOMESTIC JUDGMENT: 10
FOREIGN JUDGMENT: 6 FOR REGIS./10 AFTER REGIS.

BAD CHECK LAWS (CIVIL PENALTY)
DAMAGES EQUAL TO $100 OR TRIPLE AMOUNT OF CHECK, NOT TO EXCEED $500.

GENERAL GARNISHMENT EXEMPTIONS
95% OF 1ST $100, 90% OF 2ND $100, 80% NET WAGES IN EXCESS OF $200 PER MO. OR FEDERAL LIMITS WHICHEVER IS GREATER.

COLLECTION AGENCY BOND & LICENSES
BOND: $25,000 / $15,000 EACH BRANCH
LICENSE OR REGISTRATION: SOLICIT/COLLECT

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IDAHO STATE LAWS *

http://www3.state.id.us/idstat/TOC/idstTOC.html

SOL 5 Years
http://www3.state.id.us/cgi-bin/newidst?sctid=050020016.K

SOL 4 Years
http://www3.state.id.us/cgi-bin/newidst?sctid=050020017.K

5-222. ACTIONS ON OPEN ACCOUNTS -- ACCRUAL OF CAUSE
http://www3.state.id.us/cgi-bin/newidst?sctid=050020022.K

State UCC
http://www3.state.id.us/idstat/TOC/28FTOC.html

Bounced Checks
(3) Except as provided in subsection (4) of this section, an action to
enforce the obligation of a party to an unaccepted draft to pay the draft
must be commenced within three (3) years after dishonor of the draft or ten
(10) years after the date of the draft, whichever period expires first.

[sisflomi]

ILLINOIS STATE LAWS
http://www.legis.state.il.us/legislation/ilcs/chapterlist.html

SOL
http://www.legis.state.il.us/legislation/ilcs/ch735/ch735act5articles/ch735act5Sub87.htm

Retail Installment Act
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act405.htm

Motor Vehicle Retail Installment Sales Act
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act375.htm

State UCC
http://www.legis.state.il.us/legislation/ilcs/ch810/ch810act5articles/ch810act5artstoc.htm

Bounced Check
810 ILCS 5/3-118
(c) Except as provided in subsection (d), an action to enforce the
obligation of a party to an unaccepted draft to pay the draft must be
commenced within 3 years after dishonor of the draft or 10 years after
the date of the draft, whichever period expires first.

Illinois Compiled Statutes
Business Transactions
Credit Services Organizations Act
815 ILCS 605/
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act605.htm

Illinois Compiled Statutes
Business Transactions
Illinois Fairness in Lending Act
815 ILCS 120/
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act120.htm

Illinois Compiled Statutes
Business Transactions
Revolving Charge Billing Act
815 ILCS 130/
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act130.htm

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INDIANA STATE LAWS
http://www.in.gov/legislative/ic/code/

Interest Rate
Legal:8% Judgment:8%

Statute of Limitations
Open Acct:6
Written Contract for payment of money (executed before 9/l/82):10 (executed after 8/31/82):6
Written Contract (other than payment of money):10
WrittenContract for sale of goods: 4
Domestic Judgment:10 on real estate 20 against the person
Foreign Judgement:10

Bad Check Laws
Triple check amount up to $500 over check amount, + attorney fees & interest up to 18% per annum or triple check amount + attorney fees and interest at 8% per annum

General Garnishment Exemptions
75% of disposable earnings for work week or the amount of 30 x fed. min. hourly wage, whichever is greater.

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IOWA STATE LAWS

INTEREST RATE

Legal: 5%
Judgment: 10%
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 5
Written Contract: 10
Domestic Judgment: 10-can be renewed in the 9th year
Foreign Judgment: 10-can be renewed in the 9th year
BAD CHECK LAWS (CIVIL PENALTY)
Triple check up to $500 over check amount

GENERAL GARNISHMENT EXEMPTIONS
See federal law.

COLLECTION AGENCY BOND & LICENSE

Bond: No
License: No
Fee: No

[Capepuffin]

Massachusetts Trial Court Law Library

http://www.lawlib.state.ma.us/index.htm


Massachusetts State Resource Page

http://www.romingerlegal.com/state/massachusetts.html


Massachusettes Chapter 93 regulation of Trade and certain enterprises

http://www.state.ma.us/legis/laws/mgl/gl-93-toc.htm


Massachusetts Division of Banks

http://www.state.ma.us/dob/

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KANSAS STATE LAWS
STATE: KANSAS
INTEREST RATE

Legal: 10%
Judgment: 12%
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3
Written Contract: 5
Domestic Judgment: 5 renewable
Foreign Judgment: 5 renewable
BAD CHECK LAWS (CIVIL PENALTY)
Three times check amount not exceeding the check amount by $500 or $100 whichever is greater plus attorney fees

GENERAL GARNISHMENT EXEMPTIONS

See Federal Law
Plus other personal property, benefit exemptions, and homestead
COLLECTION AGENCY BOND & LICENSE

Bond: No
License: No
Fee: No

[sisflomi]

KENTUCKY STATE LAWS

STATE: KENTUCKY
INTEREST RATE

Legal: 8%
Judgment: 12%
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 5
Written Contract: 15
Oral Contract: 5
Domestic Judgment: 15
Foreign Judgment: 15
BAD CHECK LAWS (CIVIL PENALTY)
N/A

GENERAL GARNISHMENT EXEMPTIONS
75% of disposable income or 30 times the federal minimum hourly wage (whichever is greater)

COLLECTION AGENCY BOND & LICENSE

Bond: No
License: No
Fee: No

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LOUISIANA STATE LAWS

INTEREST RATE

Legal: 9.75%
Judgment: 9.75%
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3
Written Contract: 10
Promissory Notes: 5
Domestic Judgment: 10
Foreign Judgment: 10
BAD CHECK LAWS (CIVIL PENALTY)
After 30 day written demand (certified or registered), twice check amount. Attorney fees & court costs

GENERAL GARNISHMENT EXEMPTIONS
75% disposable earnings per work week, but not less than 30 x fed. min. hourly wage.

COLLECTION AGENCY BOND & LICENSE

Bond: Yes - $10,000
License: Yes
Fee:
$200 Initial
$200 Investigation
$200 Renewal
$100 Branch
$100 Branch Renewal

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MAINE STATE LAWS
INTEREST RATE

Legal: 8%
Post Judgment: 15% annual (less than $30,000) T-Bill rate over $30,000
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 6
Written Contract: 6 + 20 (with attestment) Domestic Judgment: 20
Foreign Judgment: 20
BAD CHECK LAWS (CIVIL PENALTY)
Amount due, court costs, service costs & collection costs

GENERAL GARNISHMENT EXEMPTIONS
You may garnish 25% of disposable income or 40 times the federal minimum wages per week (whichever is less) After judgement only.

COLLECTION AGENCY BOND & LICENSE

Bond: $25,000 to $50,000
License: Yes
Fee: $400 Yearly
Exemption for out-of-state collectors: Contact state authority. Licensing authority is allowing some exemptions to out-of-state agencies that collect for non-resident creditors and are not soliciting.

[sisflomi]

MARYLAND STATE LAWS

http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0

§ 5-101. Three-year limitation in general.
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

UCC CODE
§ 2-725. Statute of limitations in contracts for sale.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered.

Bounced Check
(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

Peoples Law
http://www.peoples-law.org/

[sisflomi]

MASSACHUSETTS STATE LAWS

Trial Court Law Library
http://www.lawlib.state.ma.us/index.htm


Massachusetts State Resource Page
http://www.romingerlegal.com/state/massachusetts.html

Massachusettes Chapter 93 regulation of Trade and certain enterprises
http://www.state.ma.us/legis/laws/mgl/gl-93-toc.htm


Massachusetts Division of Banks

http://www.state.ma.us/dob/

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MICHIGAN STATE LAWS
http://www.mileg.org/mileg.asp?page=ChapterIndex

600.5807 Damages for breaches of contract; specific performance; fiduciary bonds; deeds; mortgages; surety bonds; appeal bonds; public obligations
(8) The period of limitations is 6 years for all other actions to recover damages or sums due for breach of contract.

600.5827 Accrual of claim.
Sec. 5827.
Except as otherwise expressly provided, the period of limitations runs from the time the claim accrues. The claim accrues at the time provided in sections 5829 to 5838, and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.

493.13 Open-end credit defined
(11) As used in this section, “open-end credit” means credit that is not secured by an interest in real property and is extended under a plan in which both of the following apply:
(a) The licensee reasonably contemplates repeated transactions.
(b) The amount of credit that may be extended to the borrower during the term of the plan is generally made available to the extent that any part of the outstanding balance is repaid.

600.5866 Revival of barred claim; written acknowledgment of obligor.
Sec. 5866.
Express or implied contracts which have been barred by the running of the period of limitation shall be revived by the acknowledgment or promise of the party to be charged. But no acknowledgment or promise shall be recognized as effective to bar the running of the period of limitations or revive the claim unless the acknowledgment is made by or the promise is contained in some writing signed by the party to be charged by the action.

600.5809 Action to enforce noncontractual money obligations; limitations.
Sec. 5809.

(1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.

(2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.

(3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.

(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.

STATE UCC
http://www.mileg.org/mileg.asp?page=getObject&objName=mcl-Act-174-of-1962&userid=225012011086158150798&highlight=

RETAIL INSTALLMENT SALES ACT
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-224-of-1966&highlight=

CONSUMER MORTGAGE PROTECTION ACT
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-660-of-2002&highlight=

MICHIGAN CONSUMER PROTECTION ACT
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-331-of-1976&highlight=

REGULATION OF COLLECTION PRACTICES
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-70-of-1981&highlight=

CREDIT REFORM ACT
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-162-of-1995&highlight=

[admin]

MINNESOTA STATE LAWS

INTEREST RATE

Legal: 6%
Judgment: 5% (Changes Yearly)
Business or Agricultural Loan: 4.5% over federal discount rate
STATUTE OF LIMITATIONS (IN YEARS)

Goods Sold & Delivered (UCC): 4
Open Acct.: 6
Written Contract: 6
Transportation Service: 3
Domestic Judgment: 10
Foreign Judgment: 10
BAD CHECK LAWS (CIVIL PENALTY)
$100 or up to 100% of the value of the check, whichever is greater, plus interest at the rate payable on judgments on the face amount of check, plus reasonable attorney fees if aggregate amount of checks within 6 month period is over $1250.

GENERAL GARNISHMENT EXEMPTIONS
Greater of 75% or amount = to 40 x fed. min. hourly wage

COLLECTION AGENCY BOND & LICENSE

Bond: $5,000 to $20,000
License: Yes
Fee:
$1,000 - Initial
$400 - Annual
$10 - Per Collector

[admin]

MISSISSIPPI

INTEREST RATE

Legal: 8%
Judgment: amount in contract if no contract amount court decides
STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3
Written Contract: 3
UCC: 6
Domestic Judgment: 7
Foreign Judgment: 7 (3 if resident)
BAD CHECK LAWS (CIVIL PENALTY)
On checks up to and including $25.00, additional damages would be 100% of check amount. On checks from $25.01 to $200.00, additional damages would be 50% of check amount but not less than $25.00. On checks over $200.00 additional damages would be 25% of check amount.

GENERAL GARNISHMENT EXEMPTIONS
See federal law.

COLLECTION AGENCY BOND & LICENSE

Bond: No
License: City-Business
Fee: $15-$50

[admin]

MISSOURI STATE LAWS

INTEREST RATE
Legal: 9%
Judgment: 9%

STATUTE OF LIMITATIONS (IN YEARS)

Sale of Goods: 4
Open Acct.: 5
Written Contract: 10
Money & Property:
Domestic Judgment: 10 (Revived every 3 years)
Foreign Judgment: 10 (Revived every 3 years)

BAD CHECK LAWS (CIVIL PENALTY)
Three times face amount owed or $100 whichever is greater not to exceed $500 (exclusive of attorney fees)

GENERAL GARNISHMENT EXEMPTIONS
See federal law; exempt 90% of week's net pay, head of household, single person w/o depend. = 75%

COLLECTION AGENCY BOND & LICENSE
Bond: No
License: No
Fee: No

[admin]

MONTANA STATE LAWS

INTEREST RATE
Legal: 10%
Judgment: 10%
A binding written agreement may provide for interest of 15% or 6% above prime

STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 5
Written Contract: 8
Domestic Judgment: 6 (over $5000) Renewable
Foreign Judgment: 6 Renewable

BAD CHECK LAWS (CIVIL PENALTY)
$100 minimum or 3 times face value up to $500

GENERAL GARNISHMENT EXEMPTIONS
See federal law.

COLLECTION AGENCY BOND & LICENSE
Bond: No
License: No
Fee: No
Caveats: Foreign corporations should register with MT Sec. of State prior to any suit in MT Courts or risk dismissal.

Attorney fees only if provided by a signed written agreement.

[admin]

NEBRASKA STATE LAWS

INTEREST RATE
Legal: 12% per written instrument or contract rate
Judgment: 1% above bond equivalent yield as published by U.S. Treasury

STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 4 Written Contract: 5 Domestic Judgment: 5 renewable every 5 Foreign Judgment: 5 non-renewable

BAD CHECK LAWS (CIVIL PENALTY)
Amount due, costs, protest fees

GENERAL GARNISHMENT EXEMPTIONS
Greater of 75% disposable earnings (85% if head of household), or 30 x fed. minimum hourly wage.

COLLECTION AGENCY BOND & LICENSE
Bond: Based on Lic. Solic. Less Than 5 = 5,000, 5-15=$10,000, 16-Up=$15,000
License: Yes
Fee: (not to exceed)
$250 - Investigation
$200 - Original
$100 - Renewal
$50 - Investigation Branch Office
$35 - Original Branch Office

Exemption for out-of-state collectors: Out-of-state collectors are exempt if [1] communicating by interstate means (phone, fax, mail); and [2] are "regulated" by the laws of another state.

[admin]

NEVADA STATE LAWS

INTEREST RATE
Legal: 2% Over Prime
Judgment: 2% Over Prime

STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 4
Written Contract: 6
Lease: 4
Domestic Judgment: 6
Foreign Judgment: 6

BAD CHECK LAWS (CIVIL PENALTY)
Amount due, protest fees three times check amount not more than $500, or less than $100

GENERAL GARNISHMENT EXEMPTIONS
Garnish only. 25% of Disposable earnings for each week or 30 times federal minimum hourly wage (whichever is less)

COLLECTION AGENCY BOND & LICENSE

Bond: $25,000 to $50,000
License: Yes
Fee:
$250 - App. Survey
$300 - Original
$200 - Renewal
Exemption for out-of-state collectors: Out-of-state collectors are exempt if [1] collecting by interstate means (phone, fax, mail); and [2] collecting for an out-of-state client.

[sisflomi]

NEW HAMPSHIRE STATE LAWS
http://www.lawdog.com/states/nh/sta9.htm

INTEREST RATE:

JUDGMENT 6.5%

STATUTES OF LIMITATIONS (IN YEARS)
OPEN ACCT: 3
FOR GOODS: 4
WRITTEN CONTRACT: 3
DOMESTIC JUDGMENT: 20
FOREIGN JUDGMENT: 20

BAD CHECK LAWS (CIVIL PENALTY)
AMOUNT DUE, INTEREST, COURT COSTS, REASONABLE COSTS OF COLLECTION & $10.00 PER DAY (MAX. $500)

GENERAL GARNISHMENT EXEMPTIONS
50X FED. MIN. HOURLY WAGE - ALL FUTURE WAGES ARE EXEMPT SO THAT THE COURT CANNOT ISSUE AN ONGOING ORDER.

COLLECTION AGENCY BOND & LICENSES
BOND: NO
LICENSE OR REGISTRATION: NO

UCC CODE
http://www.lawdog.com/states/nh/sta9.htm

RETAIL INSTALLMENT ACT
http://www.lawdog.com/states/nh/sta9.htm

New Hampshire includes OC's in their FDCPA

The State Act and the FDCPA provide nearly parallel protections for consumers. The most important difference between the two laws is that the State Act applies to creditors collecting debts owed to them in their regular course of business, while FDCPA generally does not.

Under the State Act, a debt collector is: any person who by direct or indirect action, conduct or practice enforces or attempts to enforce a debt owed ... as a result of a consumer credit transaction. This definition applies equally to:

creditors attempting to collect on debts owed directly to them;
collection agencies attempting to collect on behalf of creditors for a fee or commission;
factors (companies purchasing or accepting an assignment of delinquent accounts receivable from creditors, usually at a discount, and then initiating collection actions against consumers on their own behalf); and
repossession companies specializing in seizing property owned by consumers but subject to security interests (“repo companies” typically specialize in seizing financed cars from consumers who default on car loans).

[sisflomi]

NEW JERSEY STATE LAWS
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=422753&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

INTEREST RATE:
LEGAL: 5.6%
JUDGMENT: NO STATUTORY PROVISION

STATUTES OF LIMITATIONS
OPEN ACCT: 6
SALES OF GOODS: 4
WRITTEN CONTRACT: 6
DOMESTIC JUDGMENT: 20
FOREIGN JUDGMENT: 20

BAD CHECK LAWS (CIVIL PENALTY)
N/A.

GENERAL GARNISHMENT EXEMPTIONS
$154.50 WK. MIN. 10% OF GROSS EARNINGS $154.50 & OVER..

COLLECTION AGENCY BOND & LICENSES
BOND: $5000 SURETY
LICENSE OR REGISTRATION: CERTIFICATE OF AUTHORITY

[sisflomi]

NEW MEXICO LAWS*
http://www.michie.com/newmexico/lpext.dll?f=templates&fn=fs-main.htm&2.0

Interest Rate:
Judgment:8.75% in the absence of a written contract

Statute of Limitations
Open Acct: 4 §37-1-4
Written Contract: 6 §37-1-3
Domestic Judgment: 14
Foreign Judgment: 14

Bad Check Laws (civil penalty): Amount due, triple damages up to $500 per check. Complex requirements need to be met.

General Garnishment Exemptions:
Greater of 75% or amount each wk. = to 40 x fed. min. hourly wage

37-1-4 Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions
**
Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years.

37-1-6 Accrual of cause of action on open accounts*
When there is an open current account the cause of action shall be deemed to have accrued upon the date of the last item therein, as proved on the trial.

37-1-3 Notes; written instruments; judgments of courts not of record; period of limitation; computation of period.
*
A. Those founded upon any bond, promissory note, bill of exchange or other contract in writing, or upon any judgment of any court not of record, within six years.

[sisflomi]

NEW YORK STATE LAWS
http://assembly.state.ny.us/leg/?cl=0

SOL
http://assembly.state.ny.us/leg/?cl=16&a=3
Interest Rate: Legal:16% Judgment:9%

Statute of Limitations
Open Acct:6
Written Contract:6
Domestic Judgment:20 (10 yr. renewable lien)
Foreign Judgment:20 (1 0 yr. renewable lien)

Bad Check Laws (civil penalty): Face value of check
plus two times check amount up to a maximum of $400 on NSF or
$750 on "no account" (Demand prescribed by law). GEN. OB. 1.1- 104

General Garnishment Exemptions:
90% of earnings, except 1st $127.50 wk. wholly exempt

http://www.ci.nyc.ny.us/html/dca/html/laws.html#debt_collect

"5-77 DEBT COLLECTION PRACTICES

This rule supplements the Federal Fair Debt Collection Practices Act. It is applicable to "In-house" collectors, in addition to collection agencies and individual collectors in the collection of consumer debts.

In trying to locate the consumer, the debt collector may not contact a third party (e.g. employer, friend, relative) more than once. The collector is not allowed to indicate that the person s/he is looking for owes money.

The collector may not call the consumer between 9 P.M. and 8 A.M.; nor may the collector call with "excessive frequency" (more than twice a week). The collector is not allowed to call a consumer at work if the collector has reason to believe the consumer's employer would disapprove.

Harassment or abuse of consumers is prohibited. EXAMPLES: Threats of violence; obscene or profane language; advertisement of a debt; and anonymous calls.

The creditor or collector must send the consumer written notice indicating amount of debt; to whom it is owed; and when it is due. The statement must also inform the consumer of the right to dispute validity of the debt.

If the consumer disputes the debt in writing, the creditor must respond with an explanation. All collection proceedings must stop until this is done.

Collectors may not misrepresent their credentials. They may not send documents that simulate government papers or legal forms. They may not threaten action which cannot be legally taken, i.e., "You will be arrested if you don't pay," or which they do not intend to take.

The consumer has the right to tell a collector to stop contacting him/her and then the collector will only be able to send one further communication indicating what action will be taken, e.g. "Final notice. If you refuse to pay, we will sue."

NOTE: Any agency that attempts to collect consumer debts in NYC must be licensed by the Department of Consumer Affairs."

I checked on this and it doesn't matter whether or not the company is located in NYC or anywhere else - they MUST be licensed to collect debts in NYC. By Moblind

[sisflomi]

NORTH CAROLINA STATE LAWS
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Interest Rate: Legal:8% Judgment:8%

Statute of Limitations
Open Acct:3 § 1-52
Sale of Goods:4
Written Contract:3
Domestic Judgment:10
Foreign Judgment:10

Bad Check Laws (civil penalty): 30 day written demand lesser of $500 or 3x check amount, but not less than $100.

General Garnishment Exemptions:
100% of last 60 days’ earnings for family support. Garnishment only by political subdivisions for taxes, ambulance fees

Retail Installment Act
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?0025A

UCC
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?0025

[sisflomi]

North Dakota STATE LAWS
http://www.state.nd.us/lr/information/statutes/cent-code.html

Interest Rate: Legal:6% Judgment:12%

Statute of Limitations
Open Acct. for services:6
Sale of Goods: 4
Written Contract:6
Domestic Judgment:10 renewable
Foreign Judgment:10 renewable

Bad Check Laws (civil penalty): Amount due, collection fees of $20, and $100 or 3x check whichever is less.

General Garnishment Exemptions:
Greater of 75% or amount each wk. = to 40 x fed. min. hourly wage. Plus $20.00 each household dependent.

[sisflomi]

OHIO STATE LAWS
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

Interest Rate: Legal:10% Judgment:10%

Statute of Limitations
Open Acct.:4 §2305.09
Sales Contract (UCC2- 725)
Written Contract:15
Domestic Judgment:21 renew every 5
Foreign Judgment:21 renew every 5

Bad Check Laws (civil penalty): The greater of $200 or three times the amount of check and attorney fees (no maximum)

General Garnishment Exemptions: See federal law below. Garnishment limited to once a month per employee.

Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption, it supersedes any state law.

[sisflomi]

OKLAHOMA STATE LAWS
http://www.lsb.state.ok.us/

Interest Rate:
Legal:6%
Judgment:4% over U.S. Treasury Bill Rate of previous year.
(1996 = 9.55% 1997 = 9.15%)

Statute of Limitations
Open Acct:3 §12A-3-118
Written Contract:5
Domestic Judgment:5 renewable
Foreign Judgment:3

Bad Check Laws (civil penalty): N/A

General Garnishment Exemptions:
State law:75% of earnings exempted, more if hardship established. All federal exemptions apply.

[sisflomi]

OREGON STATE LAWS
http://www.leg.state.or.us/ors/home.htm

Interest Rate:
Statutory + Judgment:9%
simple interest per annum (Unless specified by contract)

Statute of Limitations
Open Acct:6
Sale of Goods:6 (4 yrs UCC Transaction)
Written Contract:6
Domestic Judgment:10 - Renewable at 10
Foreign Judgment:10

Bad Check Laws (civil penalty): Can recover reasonable attorney fees & statutory damages of three times the amount of the NSF check plus$ 500 if demand letter is sent to debtor 30 days before suit is filed.

General Garnishment Exemptions:
75% of disposable earnings or 40 x fed. min. hourly wage

[sisflomi]

PENNSYLVANIA STATE LAWS
http://www.pacode.com/secure/browse.asp

Interest Rate: Legal:6% Judgment:6%

Statute of Limitations
Open Acct:4 § 5525
Written Contract:4
Domestic Judgment:5 (writ of revival within 5 yrs.)
Foreign Judgment:4
Lien against real estate 5 yrs
Personal property Ex:20 yrs.

Bad Check Laws (civil penalty): After demand and judgment triple damages in amount equal to $100 or 3 times the check amount whichever
is greater up to $500.

General Garnishment Exemptions: 100% of wages, certain pensions, retirement accounts & Keogh plan under certain circumstances, and $300

[sisflomi]

RHODE ISLAND STATE LAWS
http://www.rilin.state.ri.us/Statutes/Statutes.html

Interest Rate: Legal:12% Judgment:12%

Statute of Limitations
OPEN ACCOUNTS - 4 YEARS
WRITTEN CONTRACTS- 6 YEARS
ORAL PROMISES- 3 YEARS
Domestic Judgment:20
Foreign Judgment:20

Bad Check Laws (civil penalty): Amount of check, $25 fee & treble damage up to $1000

General Garnishment Exemptions: See federal law below.

Federal Garnishment Exemption
Federal Law exempts from garnishment 75% of disposable earnings per week,
or an amount = to 30 x federal minimum hourly wage, whichever is greater. Where federal law provides larger exemption, it supersedes any state law.

[michigangirl530]

thanks sis

[admin]

Sis, if you have any links to add to the states that I put in, PM me, and I'll edit them.

Gracias.

[sisflomi]

SOUTH CAROLINA STATE LAWS

http://www.lpitr.state.sc.us/code/statmast.htm

Interest Rate: Legal:8.75% Judgment:14%

Statute of Limitations
Open Acct:3
Written Contract:3
Domestic Judgment:10
Foreign Judgment:10

Bad Check Laws (civil penalty): Reasonable court costs amount of check & damages up to $500 or 3x check amount whichever is smaller

General Garnishment Exemptions: 100%

Services defined
SECTION 37-2-105
3) "Services" includes (a) work, labor, and other personal services, (b) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like, and (c) insurance provided by a person other than the insurer.

SECTION 37-5-104. No garnishment.

With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.

[sisflomi]

SOUTH DAKOTA STATE LAWS
http://legis.state.sd.us/statutes/index.cfm?FuseAction=StatutesTitleList

Interest Rate: Legal:12% Judgment:10%

Statute of Limitations
Open Acct:6
Sale of Goods:4
Written Contract:6
Domestic Judgment:20
Foreign Judgment:10

Bad Check Laws (civil penalty):

General Garnishment Exemptions: 20% of the individuals disposable earnings for a 60 day period