Your rights as a homeowner, in plain words — from the U.S. Constitution, federal law and your state's law — with every statute, regulation and court case behind them.
General information about the law, not legal advice. A right applying on paper does not predict how a case will turn out. Free legal aid can look at your situation.
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.
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 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.
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 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.
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 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.
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
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.
By law, Equifax, Experian and TransUnion must each give you a free copy of your file once every 12 months when you ask through the official central source, AnnualCreditReport.com. The three bureaus have also made free weekly reports permanent on that site. Other sites may charge you or be scams.
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 identity theft put accounts or debts on your report, the credit bureau must block that information within 4 business days after you send proof of identity, a copy of an identity theft report, the items to block, and a statement that they are not yours. The bureau must tell the furnisher. It can refuse or undo a block only in limited cases, such as error or misrepresentation.
If you suspect in good faith that you are, or are about to become, a victim of fraud or identity theft, you can ask one nationwide bureau to place a fraud alert for at least 1 year; it must pass the alert to the other two. Identity theft victims with an identity theft report can get an extended alert for 7 years. Either alert also entitles you to free copies of your file.
If a lender, landlord, insurer or employer takes adverse action against you based even partly on a credit report, it must tell you, name the bureau that supplied the report, disclose any credit score it used, say the bureau did not make the decision, and tell you about your right to a free report within 60 days and to dispute errors.
A credit bureau must follow reasonable procedures to make the information in your report as accurate as possible. An account reported with the wrong balance, status or dates, or mixed in from someone else's file, can be a sign those procedures failed. You can dispute it.
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.
No one may get or use your credit report unless the law gives them a permitted purpose, such as a credit application you made, an account you have, or your written permission. A hard inquiry you do not recognise may have had no permitted purpose, and you can dispute it.
A credit bureau or a company that reports to one that willfully breaks the FCRA owes your actual damages or statutory damages of $100 to $1,000, possible punitive damages, and your costs and attorney's fees. A negligent violation owes actual damages and fees. The claim must be filed within 2 years of discovering the violation and no more than 5 years after it.
Federal law bans credit repair companies from charging or taking any money for a service before that service is fully performed. A company that bills you up front, charges a "setup" or "first work" fee, or charges a monthly fee for work it has not done yet is breaking the law.
You can cancel any credit repair contract, for any reason and without penalty, until midnight of the third business day after you sign it. The company must give you a "Notice of Cancellation" form in duplicate and may not start work during those 3 days. Some states give you 5 days.
Before you sign, a credit repair company must give you a separate written statement titled "Consumer Credit File Rights Under State and Federal Law." No service can be provided without a signed, dated written contract stating the total cost, a detailed description of the services, any guarantees, how long it will take, the company's address, and a bold cancellation notice next to your signature. Any waiver of these rights is void.
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.
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.
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.
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.
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 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 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 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 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 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.
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.
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 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)).
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)).
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)).
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)).
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)).
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 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)).
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)).
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)).
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)).
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)).
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)).
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)).
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)).
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)).
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)).
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)).
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.
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.
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.
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.
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.
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.
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