Living in Maryland and facing debt collection can be overwhelming. However, Maryland has laws protecting consumers from unfair debt collection practices. This guide equips you with knowledge of these laws and empowers you to deal with debt collectors effectively.
Know Your Rights:
The Maryland Consumer Debt Collection Act and the federal Fair Debt Collection Practices Act (FDCPA) safeguard debtors from harassment and deceptive practices. Here's what these laws cover:
- Communication Restrictions: Debt collectors cannot contact you before 8:00 AM or after 9:00 PM. They are also prohibited from contacting you at work if your employer forbids it.
- Harassment: Debt collectors cannot use threats, intimidation, or abusive language. They cannot contact you repeatedly or continuously.
- False Information: Misrepresenting the amount of debt or the legal consequences of non-payment is strictly forbidden.
- Validating the Debt: Upon request, debt collectors must provide written verification of the debt, including the original creditor, amount owed, and breakdown of charges.
Taking Action:
If a debt collector violates your rights, you have options:
- Request to Cease Communication: Send a written "cease and desist" letter demanding the collector stop contacting you directly. Keep a copy for your records.
- Report Violations: File a complaint with the Maryland Attorney General's Consumer Protection Division ([invalid URL removed]) or the Federal Trade Commission (FTC) (https://reportfraud.ftc.gov/).
Maryland-Specific Considerations:
- Statute of Limitations: In Maryland, creditors generally have three years (four years for goods sold) to sue you to collect a debt. After this period, they cannot take legal action to recover the debt.
- Wage Garnishment: Creditors can garnish a portion of your wages to collect a debt, but Maryland law exempts a portion of your income to protect your basic needs.
- Bank Account Protection: Maryland law allows you to exempt up to $6,000 in your bank account from garnishment if the funds are from Social Security or other government benefits.
Important Resources:
- The Maryland Attorney General's Consumer Protection Division offers resources and guidance on debt collection laws ([invalid URL removed]).
- The Peoples' Law Library of Maryland provides information on debt collection laws, including the statute of limitations (https://www.peoples-law.org/time-limits-debts).
Beyond Legal Protection:
While legal protections exist, dealing with debt is a complex issue. Here are additional steps to consider:
- Debt Negotiation: Consider contacting the original creditor directly to negotiate a payment plan or debt settlement.
- Credit Counseling: Non-profit credit counseling agencies offer free or low-cost financial counseling and debt management plans.
- Debt Consolidation: Consolidating your debts into one loan with a lower interest rate can simplify repayment.
Remember: Knowledge is power. By understanding your rights under Maryland debt collection laws and exploring your options, you can approach debt collection with confidence and take control of your financial situation.