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Debt Collection Laws in Maine
Here are some relevant federal and state laws that were in effect as of 2021:
- Fair Debt Collection Practices Act (FDCPA): This federal law protects consumers from abusive, deceptive, or unfair debt collection practices. It sets limitations on when and how debt collectors can contact consumers and gives consumers the right to dispute debts and obtain information about the debts.
- Fair Credit Reporting Act (FCRA): Another federal law, the FCRA regulates the collection and use of consumer credit information. It provides consumers the right to access their credit reports and to dispute any inaccuracies.
- Maine Fair Debt Collection Practices Act (MFDCPA): This state law closely mirrors the federal FDCPA but extends its protections to include creditors collecting their own debts, not just third-party collectors. Like the federal law, the MFDCPA prohibits debt collectors from engaging in deceptive, harassing, or unfair practices.
- Statute of Limitations in Maine: In Maine, there is a time limit for when creditors can sue consumers for unpaid debts. As of 2021, the statute of limitations for most consumer debts, including credit cards, was six years from the date of the last payment or written acknowledgment of the debt.
- Maine Garnishment Laws: If a creditor obtains a court judgment against a debtor in Maine, they can garnish the debtor’s wages or bank accounts. Maine law limits the amount that can be garnished to the lesser of 25% of the debtor’s disposable earnings or the amount by which the debtor’s disposable earnings exceed 40 times the federal minimum wage.
- Exemptions in Maine: Maine has laws that protect certain types of property from being taken by creditors to satisfy a debt judgment. These include a homestead exemption, personal property exemptions, and exemptions for certain types of income and benefits.
- Licensing Requirements: Collection agencies operating in Maine must be licensed and bonded. The licensing is regulated by the Maine Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection.
- Notification Requirements: Debt collectors in Maine must provide a written notice within five days of the initial communication, containing information about the debt, the name of the creditor, and informing the consumer of their right to dispute the debt.
Please make sure to verify the most current legal information or consult an attorney or legal advisor with expertise in debt collection laws in Maine for the most up-to-date details on debt collection laws in the state.
Once a debtor receives the first collection letter, he can request verification of the debt in the first 30 days. A collection agency cannot continue collections until they prove to the debtor that he indeed owes the debt.
In Maine, it is illegal for a conversation to be recorded when neither party is aware of the recording. Minimum one-party consent is needed for call recording.
The 10 largest cities in Maine are; Portland, Lewiston, Bangor, South Portland, Auburn, Biddeford, Augusta, Saco, Westbrook and Waterville. Maine debt collectors must obtain a collection agency license and a bond to operate legally.