New Hampshire Fair Debt Collection Law
New Hampshire Revised Statutes Ann. Sections 358-C:1 to 358-C:4 deal with debt collection agencies. The prohibited debt collector practices in many ways mirror the federal Fair Debt Collection Practices Act. For example, the law says that:
- A debt collector can't call repeatedly, or at inconvenient times
- A debt collector can't use profanity
- A debt collection agency can't contact you more than once a month at work, unless you've given them permission to do so
- A debt collector can't call you at work if you've told him not to, but he can send one letter if he can't locate you
- A debt collection agency can't tell your employer that they're collecting a debt unless your employer asks
- Any written or phone communication from the debt collection agency must include the name of the debt collector, the name of the creditor, and the debt collector's business address
- A debt collection agency can't trick you into paying for long distance phone calls, collect calls, or telegrams
- A debt collector can't threaten violence
- A debt collector can only communicate information about your debt to you, an adult who lives with you, your attorney or your financial counseling organization
- A debt collection agency can't threaten to take legal action unless they plan to
- A debt collector can leave a phone message asking that you return his call to discuss the debt
- A debt collector can talk to your spouse once (or if the person who owes money is a minor, to his or her parents or guardians) if he can't contact you for 30 days
- If you dispute the debt, the debt collection agency must notify the credit reporting agencies that the debt is being disputed
- A debt collector can't call you once you've notified him that you have an attorney or financial counseling organization, unless they don't respond within 10 days or unless you've given permission for him to contact you
- A debt collection agency can't send you documents that look like they're legal documents, from a court, or from the government unless they are
- A debt collector can't lie about how much you owe or say that you have to pay fees that are not legally allowed
- A debt collector can't tell you that you'll be arrested, that your wages will be garnished, or that your property will be taken (unless it's been used for collateral)
New Hampshire law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages or $200, whichever is greater, plus attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated New Hampshire state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the New Hampshire Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form or file an online complaint with the New Hampshire Attorney General's office by clicking here.
Here's the contact information to call or send a written complaint to the New Hampshire Attorney General:
Office of the Attorney General
Consumer Protection and Antitrust Bureau
33 Capitol Street
Concord, NH 03301
603-271-3641
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
