A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
A debt collector that breaks the FDCPA is liable for your actual damages, additional damages of up to $1,000 the court may allow, and your costs and reasonable attorney's fees. A lawsuit must be filed within one year of the violation.
If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting the disputed amount until it mails you verification of the debt or a copy of a judgment. The same applies if you ask in writing for the original creditor's name and address. Federal law sets a low bar for "verification": courts differ, and it does not require the original signed contract.
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
A debt collector may not harass, oppress or abuse you. That includes threats of violence, obscene language, and calling again and again to annoy you. Unless you agree, collectors also should not call before 8 a.m. or after 9 p.m. your time, or at times they know are inconvenient.
A debt collector may not use unfair or unconscionable means to collect. It cannot collect fees or charges that your loan contract or the law does not allow. It also cannot take or threaten to take your property through a non-court process when it has no present right to it, no real intention to take it, or the property is legally exempt.
A debt collector must send you a notice with the amount of the debt, the creditor's name, and your rights — in its first message or within 5 days. You then have 30 days to dispute the debt in writing or ask for the original creditor's name. If you do, the collector must stop collecting until it mails you verification.
If you (or you and your spouse together) owed a debt before you entered military service, the interest rate is capped at 6% per year while you serve. For a mortgage, the cap lasts during service and for 1 year after. Interest above 6% is forgiven, not just delayed. You must send the creditor written notice and a copy of your orders.
A debt collector may not report a debt to a credit bureau until it has first spoken with you about the debt, or mailed or electronically sent you a message about it and waited a reasonable time to learn whether it was undeliverable. This stops "passive" collection, where the first you hear of a debt is on your credit report.
Once your state's statute of limitations has run on a debt, a debt collector may not sue you — or threaten to sue you — to collect it. Be careful: in many states a payment or written promise to pay can restart or revive the limitations period, so get advice before paying anything on an old debt.
Alabama protects the homestead of every resident, up to 160 acres, from levy and sale to collect most debts, up to a dollar value. The statute’s base is $15,000; the amount is adjusted periodically, and our state profile reports $18,800 per owner.
Alaska protects your interest in the home you or your dependents use as a principal residence, up to a dollar cap. The statute states $54,000, but the amount is adjusted by regulation; our state profile reports $72,900 for 2026. Only one cap applies per residence.
In Arizona, a creditor generally has 6 years to sue on a written contract made in Arizona or a credit card, and 3 years on an oral debt or open account. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
If your Arizona home is a one- or two-family dwelling on 2.5 acres or less and it is sold at a trustee sale, the lender cannot sue you for the rest of the debt. In other cases the lender must sue within 90 days, and the deficiency is limited by the home’s fair market value.
Arizona protects up to $400,000 of equity in the home you live in (house, condo, co-op or mobile home) from most creditors. The amount is adjusted for inflation each year. Only one homestead is allowed per married couple.
Arkansas’s Constitution protects the homestead of a resident who is married or the head of a family from judgment liens and forced sale, except for purchase money, certain liens for improvements, and taxes. In a city or town the homestead is up to one acre (value limit $2,500), but never less than one-quarter acre regardless of value; rural homesteads are larger.
In California a debt buyer cannot send you collection letters unless it has proof of ownership, the charge-off balance and fees, the default or last-payment date, the original creditor and account number, every later buyer, and a copy of the agreement or a statement. If you ask in writing, it must send these free within 15 days or stop collecting. It cannot sue once the statute of limitations has run.
In California, a creditor generally has 4 years to sue on a written contract or an open book account, and 2 years on an oral contract. A payment does not by itself revive a claim that has already expired (Code Civ. Proc. § 360), and debt buyers may not sue on expired debts (Civ. Code § 1788.56). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
After a nonjudicial trustee sale in California, the lender cannot collect the difference between the sale price and what you owed. Separate rules also protect many purchase loans on homes of up to four units that the buyer lives in.
California protects part of the equity in the home you live in from most creditors, including in bankruptcy. The amount is the greater of $300,000 or the county median price for a single-family home the year before, up to $600,000, adjusted for inflation each year.
In Colorado, a creditor generally has 6 years to sue to recover a debt. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Colorado protects up to $250,000 of equity in the home you live in from most creditors. The amount is $350,000 if the owner, a spouse or a dependent is 60 or older or disabled.
Connecticut protects up to $250,000 of equity in your homestead from most money judgments. Equity means the market value minus liens on the home. A lower $75,000 limit applies to judgments for certain serious intentional wrongs.
D.C. exempts a debtor’s interest in the real property used as the residence of the debtor or a dependent, including a co-op interest, from most creditors. The statute sets no dollar limit.
Florida’s Constitution protects your homestead from forced sale by most creditors, with no dollar limit. The limit is size: up to one-half acre inside a city or town, or up to 160 acres outside one. It does not protect against the mortgage used to buy or improve the home, or against property taxes.
In Florida, a creditor generally has 5 years to sue on a written contract and 4 years on an unwritten contract or store account. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Florida allows a lender to seek a deficiency judgment, but for an owner-occupied home the deficiency cannot be more than the judgment amount minus the home’s fair market value on the sale date. The lender also has only one year after the sale to sue for a deficiency on a 1–4 unit home.
After a nonjudicial foreclosure of residential property in Hawaii, the lender cannot pursue or get a deficiency judgment against an owner-occupant unless the debt is also secured by other collateral.
Hawaii protects an interest in one parcel of real property up to $30,000 in value for a head of family or a person 65 or older, and up to $20,000 for other people, from most money judgments.
An Illinois lender can get a personal deficiency judgment only in the foreclosure case itself, and only if you were personally served or appeared in the case. If you were served only by publication and did not appear, no personal deficiency can be entered in that case.
Illinois protects up to $50,000 of equity in the home you live in (a house, farm, condo, co-op or mobile home). If two or more people own and live in it, each can claim up to $50,000, for a total of $100,000.
Indiana protects some equity in the home you or a dependent live in from most creditors. The statute’s base amount is $15,000, but it is adjusted periodically by rule; our state profile reports $22,750 ($45,500 for spouses owning as tenants by the entirety).
Iowa exempts your homestead from judicial sale by most creditors, with no dollar limit. The size limits are one-half acre inside a city plat or 40 acres elsewhere. A household can claim only one homestead. It does not protect against the mortgage on the home.
Kansas protects your homestead from forced sale by most creditors with no dollar limit. The limits are size: up to 160 acres of farmland or one acre inside a city, or a manufactured or mobile home, occupied by you or your family. It does not protect against the mortgage on the home or property taxes.
Kentucky protects up to $5,000 of your interest in the home you or a dependent use as a permanent residence from sale by most judgment creditors. It does not apply to your mortgage, or to debts that existed before you bought the home.
Louisiana protects up to $35,000 in value of the home you live in from seizure and sale by most creditors, on up to 5 acres in a city or 200 acres outside one. For debts that come directly from a catastrophic or terminal illness or injury, the full value is protected.
In Maine a debt buyer may not start a collection lawsuit unless the complaint states the required account information, the basis for interest, fees and attorney fees, that it currently owns the debt, and that the suit is within the limitations period — and it must attach a copy of the document showing you agreed to the debt.
Maine protects up to $80,000 of your interest in the home you or a dependent live in. The amount is higher ($160,000 under the statute) if minor dependents live with you or if you are 60 or older or disabled. The figures are adjusted for inflation every few years.
In Maryland a debt buyer may not file a consumer debt lawsuit unless it already has proof the debt exists, the account terms (with a narrow card exception), and proof of ownership including every prior owner. Unless the case ends by judgment on affidavit, the court cannot rule for the debt buyer without that evidence. Suits after the limitations period are barred and a later payment does not revive the debt.
In Maryland, a creditor generally has 3 years to sue. A payment or promise made after the period has run does not revive or extend it (§ 5-1202(b)). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
In Massachusetts, a creditor generally has 6 years to sue on a contract. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
A Massachusetts lender cannot sue you for a deficiency after a foreclosure sale unless it mailed you a written warning of liability at least 21 days before the sale and swore to that mailing within 30 days after. The lender also has only a limited time to sue.
Massachusetts automatically protects $125,000 of equity in your home from most creditors. If you record a Declaration of Homestead at the Registry of Deeds, the protection rises to $1,000,000. Recording is inexpensive and can be done before any debt problem.
Outside bankruptcy, Michigan protects a homestead you own and live in up to $3,500 in value, on up to 40 acres or one lot in a city. In bankruptcy, a larger state homestead exemption applies (more if you are 65 or older or disabled), or you may choose the federal list.
In Minnesota, anyone asking for a default judgment on an assigned consumer debt must file the original contract (or other proof of the account terms), proof you owe it, proof the amount is right with a breakdown of added charges, and a complete chain of assignment from the original creditor including a bill of sale showing your account.
In Minnesota, a creditor generally has 6 years to sue on a contract. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
If your Minnesota mortgage is foreclosed by advertisement with a six-month or five-week redemption period, the lender cannot get a deficiency judgment against you for the rest of the debt.
Minnesota protects a large amount of equity in the home you live in: the statute sets $510,000 ($1,275,000 if used mainly for farming), and the figures are adjusted periodically for inflation. Our state profile reports $540,000 ($1,350,000 agricultural) from July 1, 2026.
In Missouri, a creditor generally has 5 years to sue on most contracts, but 10 years on a writing promising to pay money — and which one covers a credit card is disputed. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Missouri protects some value in the home you live in from most creditors. The current amount is $15,000. A 2026 law raises it to $40,000 starting January 1, 2027.
When a Montana trust indenture is foreclosed by advertisement and sale (outside court), the lender cannot sue you or get a judgment for the remaining debt.
Montana protects a homestead up to a value set in the statute. Our state profile reports a $350,000 base from 2021 that rises 4% each January (about $425,829 in 2026). You generally must record a declaration of homestead to claim it.
Each person living in Nebraska may protect a homestead worth up to $120,000 — the house they live in and its land (within acreage limits) — from judgment liens and forced sale.
A recorded Nevada homestead is not subject to forced sale by judgment creditors for equity up to $605,000. You must record a declaration of homestead to claim it.
Every person in New Hampshire is entitled to $400,000 worth of their homestead as protected from most creditors. It covers houses, condos, co-ops and owned manufactured housing used as a dwelling.
In New York, a lawsuit on a consumer credit debt must attach the contract (or, for revolving accounts, the charge-off statement) and list the original creditor, the last four account digits, the last payment, and an itemized breakdown of what is claimed. Such suits must be filed within 3 years, and a later payment does not revive an expired claim.
In New York, a creditor has 3 years to sue you on a consumer credit debt. After the period expires, a payment or promise does not revive or extend it. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
New York protects equity in your principal residence from ordinary money judgments up to a dollar limit that depends on your county. The statute sets three county tiers, and the amounts are adjusted for inflation every three years (about $102,400 to $204,825 as of April 2024).
In North Carolina a debt buyer may not sue or even try to collect without valid proof it owns your account and reasonable verification of the amount, including a copy of the contract and an itemized accounting. It must send you a written notice with those documents at least 30 days before suing. A lawsuit must attach the signed contract (or card-use records) and every assignment in the chain of ownership, or it must be dismissed.
In North Carolina, a creditor generally has 3 years to sue on a contract. A debt buyer may not sue or try to collect a debt it knows is time-barred (G.S. 58-70-115(4)). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
North Carolina lets you protect up to $35,000 of your interest in the home you or a dependent live in from judgment creditors. An unmarried debtor 65 or older may protect up to $60,000 if the property was owned with a spouse who has died.
In Ohio, a creditor has 6 years to sue on a consumer transaction, written or not, counted from 30 days after the last charge or payment. A payment while the period is running restarts the count (it runs from the later of the last charge or payment). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
For a mortgage on a one- or two-family home or farm dwelling, a deficiency judgment becomes unenforceable two years after the court confirms the foreclosure sale. Collection efforts started within those two years are not affected.
Ohio lets you protect a set amount of equity in the home you or a dependent live in from judgment creditors. The statute text shows a base of $125,000; the amount is adjusted every three years (about $182,625 from April 2025).
Oklahoma protects the home that is your principal residence from attachment and forced sale by most creditors, with no dollar cap within the acreage limits (1 acre in a city or town, 160 acres rural). Limits apply if part of it is used for business.
In Oregon a debt buyer suing on purchased debt must state in its first court filing the original creditor, the current owner, the last four digits of the account, a detailed itemization (last payment, charge-off balance, interest, fees and attorney fees sought) and the date it bought the debt.
Oregon protects your homestead from sale on execution and most debts up to a set value. The statute states $150,000 (more when two or more household members are debtors), and the amount is adjusted yearly for inflation (about $158,300 from July 2026).
In Pennsylvania, a creditor generally has 4 years to sue on a contract, written or not. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
An owner who occupies (or intends to occupy) a home as a principal residence may have an estate of homestead of up to $500,000 protected from many creditors.
In South Carolina, a creditor generally has 3 years to sue on a contract. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
South Carolina protects your interest in the home you or a dependent live in from levy and sale by creditors, up to an indexed amount. The statute text shows a base of $50,000 per debtor; it is adjusted for inflation (about $80,125 as of July 2026).
The homestead of every South Dakota resident family is exempt from judicial sale, judgment liens and court process, within the limits the law sets (acreage limits; a dollar cap applies for some owners, such as those 70 and older).
Tennessee protects up to $35,000 of value in your principal residence from most creditors (the statute sets other amounts for some situations, such as joint owners).
The Texas Constitution protects a family’s or single adult’s homestead from forced sale for almost all debts. The protection has no dollar cap; it is limited by land size (10 acres in a town or city; up to 200 acres rural for a family, 100 for a single adult). Only listed debts — like the purchase loan, property taxes, valid home-equity loans and home-improvement liens — can force a sale.
In Texas, a creditor generally has 4 years to sue on a debt or an open account. For debt buyers, a payment or reaffirmation does not revive an expired claim, and the buyer must give a special notice when collecting a time-barred debt (Fin. Code § 392.307). After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.
Utah protects a primary personal residence (up to one acre) from creditors up to an indexed amount. The statute text shows $42,000 for a primary residence; the amount is adjusted for inflation (about $53,700 today). You must file a homestead declaration to claim it.
In Virginia, a creditor generally has 5 years to sue on a signed written contract and 3 years on an unwritten or unsigned one. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Every Virginia householder may protect up to $5,000 of property ($10,000 if 65 or older) from creditors, plus up to $50,000 in property used as the principal residence of the householder or dependents. More is allowed for each dependent.
In Washington a debt buyer may not sue without attaching the signed contract (or, for credit cards without one, the latest monthly statement showing use), and cannot get judgment without business-record proof of the amount and every assignment showing an unbroken chain of ownership from the original creditor.
In Washington, a creditor generally has 6 years to sue on a written contract or an account receivable, and 3 years on an unwritten contract. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Washington protects your homestead from most judgment creditors up to the greater of $125,000 or the county median sale price of a single-family home in the previous year.
Under the West Virginia Consumer Credit and Protection Act, after a default on a consumer loan the creditor may not accelerate or foreclose until ten days after giving you notice of your right to cure. During those days you can cure by paying the unpaid amounts (without acceleration) plus any delinquency charges.
A West Virginia head of household who owns a homestead has a homestead exemption of $5,000 by operation of law. In bankruptcy, a larger state exemption (about $35,000) is available under a separate section.
In Wisconsin, a creditor generally has 6 years to sue on a contract. Be careful: this pass did not confirm whether a payment can restart the clock in this state, so get advice before paying on an old debt. After the period runs, a debt collector may not sue or threaten to sue (Reg F § 1006.26(b)).
Wisconsin protects your homestead from most judgments and debts up to $75,000; each spouse may claim up to $75,000. If you sell, the protection follows the sale money for two years while you plan to buy another home.
Every Wyoming resident is entitled to a homestead worth up to $100,000 exempt from execution and attachment for most debts. When two or more people jointly own and occupy the home, each can claim the exemption.