Because Idaho doesn’t have a state fair debt collection law (however, debt collectors must be licensed), victims of debt collection harassment should refer to the federal Fair Deb Collection Practices Act (FDCPA) in order to resolve conflict or unjust situations. Some highlights from this law include:
- If the debtor tells the creditor he is being represented by an attorney the creditor can only communicate with the attorney
- You can only be contacted between the hours of 8am and 9pm (unless you specify otherwise)
- The creditor cannot contact you at work unless your employer permits the call
- The creditor cannot threaten to take your property unless you’ve leveraged it as collateral
- A collection agency or creditor cannot force or deceive you into signing a confession of judgment
- No debt collector or creditor can represent him or herself as a government official
- Additional fees or charges cannot be compiled onto the original debt by the creditor
- Creditors cannot contact you via postcard and can only print its name and address on the exterior of any envelope/correspondence
Victims of debt harassment in Idaho can sue for violation of the FDCPA and collect up to $1,000 (whichever is higher), in addition to attorney fees.
Idaho Statue of Limitations (SOL)
Idaho has a four-year statue of limitation (SOL) on open accounts such as credit cards, which means you can only be contacted for up to four years regarding an outstanding credit card debt. For written contracts you have up to five years.
In terms of wage garnishment, federal law applies, however Idaho has provided for additional exemptions such as:
- Social Security is protected under federal law
- Pensions and retirement benefits--in addition to public employees, all pensions are protected
- Public benefits/assistance-- workers’ compensation, veteran’s benefits, aid to families with dependent children, unemployment and work assistance are protected
- Insurance benefits, disability, annuities up to $1,250 per month, group life insurance benefits
Credit Card Debt Relief Act of 2010
The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
Debt settlement companies cannot request upfront fees from clients