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Maine Debt Relief Laws

Maine’s debt collection laws are very similar to the Fair Debt Collection Practices Act (FDCPA). Maine Revised Statutes Ann. Title 32, Sections 11,001 to 11,054 and Title 9-A, Sections 5-107, 5-117, and 5-201 includes rules such as:

  • Collectors cannot trick you into paying for collect calls or telegrams\
  • Debt collectors cannot threaten and misrepresent who they are or what their company does\
  • Collectors cannot send correspondence in postcard form and can only display the agency’s name and address on the envelope
  • You cannot be charged additional fees from a collector for your debt
  • Collectors cannot publish or post your name
  • If you are being represented by an attorney, the collector or agency must work through that attorney and not you
  • You can only be contacted by a collector between 8am and 9pm (unless you’ve agreed to another time)
  • You have up to 30 days to dispute a debt--once the written dispute is set in motion the collector cannot contact you until it provides you with documentation

Consumers in Maine have the right to sue a debt collection agency if it violates the law. You can receive up to $1,000 in damages for a successful lawsuit, which covers attorney fees and actual expenses.

Maine Statue of Limitations (SOL)

Maine has a six-year statue of limitation (SOL) on open accounts such as credit cards, meaning that the creditor can contact you for up to six years. For written contracts creditors can also pursue you for up to six years.

In Maine, consumers have plenty of wage garnishment exemptions and non exemptions:

  • Social Security is protected under federal law
  • Pensions and retirement benefits--Maine offers broad pension and retirement benefit protection
  • Public benefits/assistance--Maine offers protection for workers’ compensation, unemployment, aid to families with dependent children and disability
  • Maine provides protection for several types of annuities and insurances--annuities up to $450 per month and coverage for some types of life and health insurances

Maine 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

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