Minnesota debt collection laws: 1 year to file

the short answer

Minnesota writes its prohibitions against a collection agency, a debt buyer, or a collector — all three named, which is broader than the federal class. Two of its rules have no federal equivalent: a collector may not threaten wage garnishment or a lawsuit by a particular lawyer unless it has actually retained that lawyer, and it may not use sheriffs or other process servers in collecting a claim except when they are performing their legally authorized duties.

source ↗Not yet checked against the statute.

governing statute15 U.S.C. § 1692d source ↗Not yet checked against the statute.

plain englishA debt collector may not harass, oppress or abuse you to collect a debt — no threats, no obscenity, no publishing your name as someone who will not pay, and no repeated calls meant to annoy. It may not lie about the amount, about who it is, or about what will happen to you. It may not call before 8 in the morning or after 9 at night your time, or at work once you have said your employer forbids it, and once you tell it in writing to stop contacting you it must stop.source ↗Not yet checked against the statute.

deadline5 dayssource ↗Not yet checked against the statute.

penaltyYour actual damages, plus additional damages the court may allow up to $1,000, plus the costs of the action and a reasonable attorney's fee (15 U.S.C. § 1692k(a)). The fee shifts on any successful action, which is what makes a small case worth a lawyer's time.source ↗Not yet checked against the statute.

limit1 yearsource ↗Not yet checked against the statute.

free routeThe Consumer Financial Protection Bureau takes a complaint about a debt collector online, in any state, for nothing. It forwards the complaint to the company and expects a response, and it publishes the complaint and the response in a public database. That is a national route that runs alongside — not instead of — the state office named below.source ↗Not yet checked against the statute.

alsoThe Act reaches debt collectors — third-party agencies, and buyers of debt that was already in default. A creditor collecting its own debt in its own name is usually outside it, and that is the gap the state law below is often there to close. Two more things worth knowing: within five days of first contacting you the collector must put the amount, the creditor's name and your right to dispute in writing, and if you dispute in writing within thirty days it must stop collecting until it sends you verification. Under Regulation F a collector is presumed to be harassing you if it calls more than seven times in seven days about the same debt, or at all within seven days of speaking to you (12 C.F.R. § 1006.14(b)(2)(i)).source ↗Not yet checked against the statute.

Which debt collection law applies in Minnesota?

governing statute

Minn. Stat. § 332.37

source ↗Not yet checked against the statute.

Where do you report a debt collector in Minnesota?

free route

The Department of Commerce licenses collection agencies and registers individual debt collectors in Minnesota, and it can suspend or cancel a licence when one breaks the law. Complaints go through its online portal, which lets you message the investigator and add documents while the investigation runs — a level of contact most state complaint routes do not offer. The Attorney General publishes the consumer-facing guide.

source ↗Not yet checked against the statute.

Which court hears a case like this in Minnesota?

which court

Conciliation court

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How much can you sue for in Minnesota small claims court?

small claims limit

$20,000

source ↗Not yet checked against the statute.

exceptions: $4,000 where the claim arises from a consumer credit transaction.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Minnesota. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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Can I sue for a debt collector harassing me in Minnesota?

Which debt collection law applies in Minnesota?

Where do you report a debt collector in Minnesota?

Which court hears a case like this in Minnesota?

How much can you sue for in Minnesota small claims court?

That is the rule. Whether it is your answer is a different question.