Answers library
Every question our guides answer directly about debt laws in their state, with the short answer first and the full guide one click away.
Short answer
This page collects 180 short answers drawn from 20 guides in the State Guides section of Credit Defense Hub.
Each answer is the same text that appears in the FAQ section of its source guide, and links to that guide for the full context, sources, and dates. Nothing here is legal or financial advice. Browse the State Guides section
180 answers from 20 guides.
Yes, with a judgment, but Arizona takes far less than federal law allows. A.R.S. § 33-1131 caps the part of disposable earnings subject to process at 10 percent for the workweek, or the amount by which disposable earnings exceed 60 times the applicable minimum hourly wage, whichever is less. Federal law permits up to 25 percent, so the Arizona limit is a fraction of the national ceiling.
A.R.S. § 12-548 gives six years for a debt evidenced by a credit card or by a written contract executed in Arizona. A.R.S. § 12-543 gives three years for a debt not evidenced by a written contract and for stated or open accounts, and on those accounts no item is barred so long as any item was incurred within the previous three years.
A.R.S. § 12-548(B) says that if there is a conflict between another jurisdiction and Arizona relating to the limitations period for a debt action described in subsection A, the Arizona section applies. That is worth knowing because cardholder agreements frequently name the law of another state.
No. A judgment is what lets a creditor reach money at all, and it can reach a bank account or attach to property rather than a paycheck. A.R.S. § 33-1131 also carves out support orders, which use a one-half exemption, and says its exemptions do not apply to Chapter 13 bankruptcy court orders or to state or federal tax debts.
A.R.S. § 33-1101 protects home equity not exceeding $400,000 in value, with the same total cap where two people hold one residence. Subsection D requires an annual cost-of-living adjustment every January 1 beginning in 2024, rounded up to the nearest $100, so the operative amount today is higher than the printed base and should be confirmed with the court or an attorney.
No. A.R.S. § 33-1133 says that in accordance with 11 U.S.C. § 522(b), residents of Arizona are not entitled to the federal exemptions provided in 11 U.S.C. § 522(d). The same section adds that nothing in it displaces other laws giving a debtor additional or greater protection.
This guide does not state a single statewide number of days. Arizona runs consumer debt cases through more than one kind of court, and the deadline is printed on the summons and complaint that were actually served. Confirming that date with the clerk's office matters more than any general rule.
AZLawHelp.org is the statewide portal, run as a collaboration led by Community Legal Services, DNA People's Legal Services, Southern Arizona Legal Aid, the William E. Morris Institute for Justice, and the Arizona Bar Foundation. It lists 866-637-5341 and an online application to check eligibility for free or reduced-fee help, and points to AZCourtHelp.org for forms and court information.
No. Arizona's credit services organization article, A.R.S. §§ 44-1701 through 44-1712, has no registration or license, so there is no state registry. It does bar any fee before the work is fully done, unless the company holds the surety bond in § 44-1708. That bond is 5 percent of the prior year's fees, never below $5,000 or above $25,000, with a copy filed with the Corporation Commission. Section 44-1706 also requires a written contract with a three-day right to cancel.
Federal law caps how much of a paycheck can be garnished for ordinary debts, and California applies its own garnishment rules and exemption-claim process that for many workers protect more than that federal floor. Garnishment in California typically happens only after a court judgment in a consumer debt case, so responding to a lawsuit is what keeps that decision on the table.
California's deadline for suing on most written contracts, including most credit cards and loans, is commonly cited as four years under the state's Code of Civil Procedure. The start date, the contract type, and out-of-state choice-of-law clauses can all change the math, so it's worth verifying how current law applies to a specific debt.
The courts' self-help center describes a 30-day window from the date of service in typical debt cases, but the summons someone actually received is what controls. Missing that window lets the collector ask for a default judgment, which can lead to garnishment or a frozen bank account.
Yes — in California, a new payment, even a small "good faith" one, can restart the clock on an old debt, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.
LawHelpCA is the state's statewide legal aid portal, with plain-language guides and a directory of free and low-cost legal help by county in multiple languages. The State Bar of California's free legal help page also lists certified lawyer referral services for people who need something beyond self-help.
A default judgment generally follows when the response deadline passes without a filed Answer, and it can lead to garnishment or a frozen bank account. Courts can sometimes set a default aside, but the window and grounds for doing so are limited, so it's worth confirming options quickly with legal aid or an attorney.
This guide doesn't state a specific judgment-duration or renewal figure for California — see the sections above on lawsuits and judgments, and confirm current renewal rules directly with the California Courts Self-Help Guide or a California attorney.
Yes — California uses its own property exemption lists to protect a home, car, and belongings in bankruptcy, rather than the federal exemption lists, and the dollar figures adjust over time. It's worth verifying current amounts with the court, legal aid, or a bankruptcy attorney rather than a static article.
Yes. Under the California Credit Services Act, a credit services organization must obtain a certificate of registration from the Department of Justice and post a $100,000 surety bond before doing business (Civil Code §§1789.18, 1789.25). The DOJ publishes the list of registrants, but registration is not an endorsement, and the federal CROA rules apply on top.
Yes, but less than in most states. C.R.S. §13-54-104(2)(a)(I) caps ordinary garnishment at the lesser of 20 percent of that week's disposable earnings, the amount by which they exceed 40 times the federal minimum hourly wage, or the amount by which they exceed 40 times the Colorado minimum wage. Federal law would allow 25 percent and a 30-times floor.
Six years for a liquidated debt. C.R.S. §13-80-103.5(1)(a) requires all actions to recover a liquidated debt or an unliquidated but determinable amount of money due to be commenced within six years after the cause of action accrues, and a debt is generally treated as liquidated when the amount due is capable of ascertainment.
Yes, and the statute says how. C.R.S. §13-54-104(2)(a)(I)(D) lets a judgment debtor file a written objection without conferring with the garnishee and request a hearing to show that more earnings should be exempt for family support. The court must weigh actual and necessary living expenses from the sixty days before the hearing.
Yes. The Attorney General's Collection Agency program enforces the Colorado Fair Debt Collection Practices Act, oversees the licensure of collection agencies, investigates complaints, and takes disciplinary or legal action against licensees. That is a state route on top of the federal FDCPA.
No. C.R.S. §13-54-107 states that the exemptions provided in section 522(d) of the federal bankruptcy code are denied to residents of this state, and that exemptions claimed by Colorado residents are limited to those expressly provided by Colorado statutes, which are listed in C.R.S. §13-54-102.
This guide does not state a single statewide number of days, because the deadline is printed on the summons actually served and differs between county and district court. Missing that date lets the creditor ask for a default judgment, so confirming it with the court or the Colorado Judicial self-help resources matters.
Five working days. C.R.S. §5-19-107(1)(a) requires the contract to carry a conspicuous bold-faced statement next to the signature line saying the buyer may cancel at any time prior to midnight of the fifth working day after the date of the transaction, with a notice of cancellation form attached.
Along with the cancellation notice, C.R.S. §5-19-107(1) requires the total of all payments and a detailed description of the services, guarantees, refund promises, and an estimated completion date. Subsection (1)(c)(III) requires a list of the adverse credit report entries to be modified, with the consumer's current credit report annexed and the entries and proposed modifications clearly marked.
Not the way debt management companies are. The Colorado Credit Services Organization Act, C.R.S. §5-19-101 et seq., regulates credit repair through prohibited acts, disclosures, and contract rules enforced by the Attorney General, and bars any payment before the work is complete. Registration and a $50,000 bond apply to debt management services providers under C.R.S. §§5-19-204 and 5-19-213.
Federal law caps how much of a paycheck can be garnished for ordinary debts, but Florida is known for a strong head-of-family protection that can shield much or all of the earnings of a worker who provides more than half the support for a child or other dependent. That exemption isn't automatic — it generally must be claimed on a strict deadline after a garnishment notice.
Florida's deadline for suing on most written contracts, including most credit cards and loans, is commonly cited as five years under state law. The start date, the type of agreement, and out-of-state choice-of-law clauses can all change the math, and a debt already reduced to a court judgment follows a much longer clock.
Florida Courts Help and legal aid guides describe a 20-day window from the date of service in typical debt cases, counting weekends and holidays, but the summons actually received is what controls. Missing that window lets the collector ask for a default judgment, which can lead to garnishment or a frozen bank account.
Yes — in Florida, a new payment, even a small one, can restart the clock, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.
Florida is known for a broad homestead protection for a primary residence, though it has its own limits and conditions, and it's part of why the state's bankruptcy exemption lists differ from the federal ones. Verifying the current scope of that protection with the court, legal aid, or a bankruptcy attorney is worth doing rather than relying on a static article.
Florida Law Help is the statewide legal aid portal, routing people to free and low-cost legal help by county and topic in multiple languages. Florida Courts Help links to self-help centers and self-represented forms for people handling a case themselves.
This guide doesn't state a specific judgment-duration or renewal figure for Florida — see the sections above on lawsuits and judgments, and confirm current renewal rules with Florida Courts Help or a Florida attorney.
A worker who provides more than half the support for a child or other dependent may qualify for Florida's head-of-family exemption, which can shield much or all of their earnings from garnishment for a consumer debt. It generally must be claimed on a strict deadline after a garnishment notice, so verifying the current rules and forms with the court or legal aid matters.
No. Florida's Credit Service Organizations Act (Fla. Stat. §817.7001 et seq.) has no state registration or license, so there is no Florida registry to search. It does bar taking any payment before the work is fully done unless the company holds a $10,000 surety bond and a trust account (§817.7005), and the federal CROA rules apply on top.
Under O.C.G.A. §18-4-5(a)(2), the maximum for a work week is the lesser of 25 percent of disposable earnings for that week or the amount by which disposable earnings exceed $217.50. If the judgment arose from a private student loan, the ceiling drops to 15 percent, though the garnishee only has to apply that lower rate if the summons says so conspicuously or a court order in the case says so.
Georgia splits it by paperwork: O.C.G.A. §9-3-24 gives six years for actions on simple contracts in writing, measured from when the amount becomes due and payable, and O.C.G.A. §9-3-25 gives four years for actions on an open account or an implied promise. Which one applies to a specific card depends on the documents behind the account, so it is worth checking rather than assuming.
Georgia treats it as a criminal matter rather than a licensed business. O.C.G.A. §16-9-59(b) says a person commits the offense of operating a credit repair services organization by owning, operating, or being affiliated with one, and subsection (c) makes that a misdemeanor. The statute carves out supervised lenders, insured banks, 501(c)(3) nonprofits, licensed real estate brokers, Georgia-licensed attorneys acting within their practice, registered broker-dealers, and consumer reporting agencies.
No, because Georgia does not have a registration or bonding scheme for them. O.C.G.A. §16-9-59 places credit repair services organizations in the criminal code instead, so there is no Georgia registry to search. The federal CROA rules still apply to anyone selling credit repair anywhere, and complaints go to the Georgia Attorney General's Consumer Protection Division or the CFPB.
O.C.G.A. §18-4-5(c) says no employer shall discharge an employee because that employee's earnings have been garnished for any one obligation, even if more than one summons is served for that same obligation. The federal Consumer Credit Protection Act has a parallel protection for garnishment tied to a single debt.
This guide does not state a single statewide number of days, because the summons a person actually received is what controls. GeorgiaLegalAid.org explains that the summons tells you how and when to respond and that a written answer has to be filed with the court, and that ignoring the case hands the company an automatic win.
No. O.C.G.A. §44-13-100(b) prohibits an individual debtor domiciled in Georgia from using the federal exemptions in 11 U.S.C. §522(d), so Georgia filers use the state list in subsection (a). Domicile for that purpose means Georgia for the 180 days before filing, or for a longer part of that window than anywhere else.
As published in the 2024 Code, O.C.G.A. §44-13-100(a)(1) protects an interest of up to $21,500 in property used as a residence, rising to $43,000 where title is in one of two spouses who is a debtor. Subsection (a)(6) also lets up to $10,000 of an unused homestead amount move into the wildcard exemption. Those figures were last amended in 2017 and can change, so the current Code text is worth confirming.
GeorgiaLegalAid.org is the statewide portal, run jointly by Atlanta Legal Aid Society and the Georgia Legal Services Program, with guides, videos, and self-help forms in English and Spanish. Its Legal Help Finder routes people to the right program by location, and Georgia Free Legal Answers takes civil legal questions from qualifying Georgians.
Under 735 ILCS 5/12-803, a wage deduction order can reach the lesser of 15 percent of gross pay for the work week or the amount by which disposable earnings exceed 45 times the minimum hourly wage, using the federal or Illinois minimum wage, whichever is greater. That is tighter than the federal ceiling of 25 percent of disposable earnings, and the Department of Labor explains that where state and federal rules differ, the one producing the smaller garnishment applies.
Illinois splits it by paperwork: 735 ILCS 5/13-206 gives 10 years for written contracts and other written evidence of debt, and 735 ILCS 5/13-205 gives 5 years for unwritten contracts and civil actions not otherwise provided for. Illinois Legal Aid Online lists credit card debt at five years in practice, but which section applies depends on the documents behind the account, so it is worth checking rather than assuming.
Section 13-206 says that a payment or a new promise to pay made in writing can restart the ten-year period on a written obligation. That is why many people check the dates before signing anything or paying on an account they have not touched in years.
Illinois Legal Aid Online explains that an appearance is generally due before the return date printed on the summons, or within 30 days after the summons is received, and that the deadline for filing a written response can differ by court. The summons itself lists the court, the case number, the return date, and whether an appearance and an answer are both required.
No. Under 735 ILCS 5/12-1201, Illinois residents are prohibited from using the federal exemptions in 11 U.S.C. §522(d), so Illinois filers use the Illinois exemption set. The Illinois homestead exemption in 735 ILCS 5/12-901 protects an interest of up to $50,000 in a residence, with co-owners each capped at a proportionate share of $100,000, as amended effective January 1, 2026.
Illinois Legal Aid Online notes that a complaint from a credit card company or debt buyer must name the original creditor, give the last four digits of the account, state the date of the last payment, address whether the case is within the limitation period, and show the original balance. A debt buyer must also file an affidavit under Supreme Court Rule 280.2 tracing the chain of title.
Illinois collection agencies are licensed by the Illinois Department of Financial and Professional Regulation, and Illinois Legal Aid Online points to the IDFPR license lookup as the way to check. A collection agency also has to file an assignment along with its complaint, so the court file itself shows whether that step was taken.
Illinois Legal Aid Online is the statewide portal, with plain-language guides, Easy Form tools that draft an appearance or an answer, and a directory of legal self-help centers. Illinois Court Help answers procedure questions by phone or text at (833) 411-1121, and the Attorney General's consumer division publishes a legal assistance referral list.
Yes. Under 815 ILCS 605/9, a credit services organization must file a registration statement with the Secretary of State before conducting business in Illinois. It may only take money before finishing the work if it holds the $100,000 surety bond described in section 10, and section 9(d) lets a buyer inspect the registration statement on request. Registration is a filing, not an endorsement, and the federal CROA rules still apply.
Yes, once a creditor has a judgment. Under Ind. Code §24-4.5-5-105(2) the maximum taken from a workweek's disposable earnings is the lesser of 25 percent of those earnings or the amount by which they exceed 30 times the federal minimum hourly wage. The same subsection lets a judgment debtor show good cause for a lower amount.
Six years for most written debts. Ind. Code §34-11-2-9 gives six years for actions on promissory notes, bills of exchange, and other written contracts for the payment of money executed after August 31, 1982. Ind. Code §34-11-2-7 gives six years for accounts and contracts not in writing, and actions on a deposit account are limited to two years.
Ind. Code §24-4.5-5-105(2)(a) sets 25 percent as the ceiling, then says that upon a showing of good cause by the individual as to why the amount should be reduced, the figure becomes less than 25 percent and at least 10 percent of that week's disposable earnings. The reduction has to be asked for.
Under Ind. Code §24-5-15.5-5, a plaintiff debt buyer must attach to the initial pleading either the signed contract or a document provided to the debtor while the account was active, plus a chronological list of every previous owner with transfer dates, beginning with the original charge-off creditor, and the assignment documentation or bill of sale.
Indiana handles admissions and payments separately. Ind. Code §34-11-9-1 says an acknowledgment or promise is not evidence of a new or continuing contract unless it is in writing and signed by the party charged. Ind. Code §34-11-9-3 says the chapter does not lessen the effect of a payment, so the dates are worth checking first.
No. Ind. Code §34-55-10-1 states that an individual debtor domiciled in Indiana is not entitled to the federal exemptions provided by 11 U.S.C. §522(d), so the Indiana list in Ind. Code §34-55-10-2 applies instead.
Ind. Code §34-55-10-2(c)(1) sets a statutory base of $15,000 for real or personal property used as the debtor's or a dependent's personal or family residence, available individually to joint debtors for property held as tenants by the entireties. Ind. Code §34-55-10-2.5 has the Department of Financial Institutions adjust the amount by rule every six years.
IndianaLegalHelp.org connects people to free and low-cost civil legal services by county and lists free legal advice clinics. The Indiana State Bar Association does not provide referrals and points the public there. Both bankruptcy courts publish their own free or low cost legal help pages.
They have to be bonded, not registered. Ind. Code §24-5-15-8 requires a credit services organization to obtain a $25,000 surety bond, or an irrevocable letter of credit the Attorney General accepts instead, and to file a copy with the Attorney General before doing business in Indiana. Charging before the work is finished without that bond is a deceptive act under §24-5-15-5.
Only a thin slice. MGL c. 246 §28 reserves and exempts from attachment the greater of 85 percent of the debtor's gross wages or 50 times the greater of the federal or the Massachusetts hourly minimum wage for each week. Because the percentage runs on gross wages and the floor is 50 rather than 30 times the minimum wage, far less is reachable than under the federal rule.
Six years. MGL c. 260 §2 requires contract actions to be commenced within six years after the cause of action accrues, and the Trial Court Law Libraries state that the six-year period applies to consumer-related debt including credit card debt and both oral and written contracts.
Twenty years. The Trial Court Law Libraries explain that once a debt collector obtains a judgment, the period extends to twenty years, after which the debt is considered legally paid and satisfied under MGL c. 260 §20.
No. MGL c. 246 §28 says its provisions do not apply in any proceeding to attach wages or a pension to satisfy a divorce, separate maintenance, or child support order, and that federal limits on the amounts that may be trusteed, assigned, or attached apply in those actions instead.
MGL c. 235 §34 exempts $2,500 in cash or savings or other deposits in a banking or investment institution from seizure on execution, along with the wage amount protected by the same clause and the full amount owing or paid to a person as public assistance. Federal benefits carry separate protection.
Yes. Mass. R. Civ. P. 8.1 sets special requirements for complaints on certain consumer debts, and Mass. R. Civ. P. 55.1 sets special requirements for defaults and default judgments on those debts. Both cover collection actions on debts arising out of revolving credit agreements, and the Trial Court publishes the required forms.
This guide does not state which set applies. The Massachusetts exemption list is MGL c. 235 §34 with homestead protection under MGL c. 188, and the Trial Court Law Libraries list both that statute and the federal exemptions at 11 U.S.C. §522 on their bankruptcy page. Checking with a Massachusetts bankruptcy attorney or the court about which set applies is the safer approach.
MassLegalHelp, published by the Massachusetts Legal Assistance Corporation, points to the Massachusetts Legal Resource Finder and publishes guides in several languages. The Trial Court runs free Court Service Centers, the Trial Court Law Libraries answer research questions, and the bankruptcy court lists pro bono programs by region.
This guide did not find a Massachusetts credit repair registration or bond statute of the kind several other states have. Massachusetts instead applies MGL c. 93A and 940 CMR 3.00, with the Division of Banks regulating debt collectors and loan servicers under 209 CMR 18.00. Any company claiming a Massachusetts credit repair license should be asked to name the agency and number so it can be verified.
Michigan Legal Help states two windows: 21 days to respond to a complaint that was handed to you in person, and 28 days if the complaint came in the mail or you were served outside Michigan. Not responding in time means the court will not require the creditor to prove anything, and the creditor wins by default.
MCL 600.5807(9) sets a six-year period for an action to recover damages or money due for breach of contract that is not described in the section's narrower subsections, which is the catch-all most consumer debt falls into. The section was reorganized by Act 15 of 2018, effective May 7, 2018, and the clock runs from when the claim first accrued.
Michigan Legal Help states that a creditor can garnish whichever is less, up to 25 percent of disposable earnings or the amount of disposable earnings above 30 times the federal minimum wage, which it lists as $217.50. That matches the federal ceiling in the Department of Labor's Fact Sheet #30. Support orders can reach 50 percent, or 60 percent when the person is not supporting other children at home.
Michigan Legal Help says a person has 14 days from receiving the notice to file an Objection to Garnishment, that filing one costs nothing, and that the garnishee holds the money for 28 days so there is time to object. The grounds are limited: that the money is exempt by law, that the maximum is already being withheld under another order, or that the garnishment was not properly issued.
Michigan Legal Help explains that a creditor has to wait 21 days after the judgment is entered before it can get a writ, so paying inside that window prevents the garnishment. Other listed options include a written payment plan or a motion for installment payments, which stops periodic wage garnishment but not a bank or tax refund garnishment.
Yes. MCL 600.5451(1) says a debtor in bankruptcy may exempt property that is exempt under federal law or, in the alternative, the property listed in the Michigan statute. That makes Michigan different from states that opted out, and which set fits better depends on the specific property involved.
Because the figures printed in the statute are base amounts, not current ones. MCL 600.5451(4) directs the State Treasurer to adjust every dollar amount in the section for inflation every three years, round to the nearest $25, and publish the result, which applies to cases filed on or after the following April 1. The current figures are published by the Michigan Department of Treasury on its Bankruptcy Notices page.
Michigan Legal Help states that in Michigan it is illegal for an employer to fire you or punish you in any way because of a garnishment, and that an employer must start withholding for the first full pay period after receiving the notice. Federal law adds a parallel protection for a single debt.
No. The Michigan Credit Services Protection Act, MCL 445.1821 to 445.1826, has no registration and no bonding requirement, so there is no state registry to search. Instead MCL 445.1823 bars charging anything before all agreed services are complete, with no bond exception, and MCL 445.1825 makes a violation a misdemeanor punishable by up to 90 days or up to $1,000, and bars the company from recovering any fees.
Yes, but New Jersey takes far less than federal law allows. Federal law in 15 U.S.C. §1673 permits up to 25 percent of disposable earnings, while the New Jersey Judiciary's objection kit describes the maximum weekly wage execution as the lesser of the amount by which disposable earnings exceed 30 times the federal minimum hourly wage, or 10 percent of disposable earnings. A creditor still needs a judgment first.
The New Jersey Judiciary's FAQ points to N.J.S.A. 2A:14-1 and says that in general the limitations period for a contract action is six years. The same page warns that various factors may alter these time periods and that court staff cannot tell anyone which period applies to their case, so the math for a specific account is worth confirming with a New Jersey attorney or legal aid.
No. A judgment is what lets a creditor reach money at all, and wages that have already landed in a bank account can be levied rather than garnished. The NJ Courts self-help pages publish a separate kit for objecting to a bank account levy for exactly that reason.
The NJ Courts self-help page for special civil cases states that the defendant can file a written answer with the court within 35 days of getting the court summons. The summons actually served controls, so reading it first matters more than any general rule.
Payments and written statements can affect a limitations period, and this guide does not state a New Jersey rule for when a clock restarts. The Judiciary itself says court staff cannot tell you which period applies, so many people check the dates with legal aid or an attorney before paying anything on an old account.
Legal Services of New Jersey runs LSNJLAW and a statewide hotline printed as 1-888-LSNJ-LAW (1-888-576-5529), with guides on debt collection and wage garnishment. The NJ Courts self-help pages point to the same directory of regional legal services offices, and the LSC legal aid finder covers every state.
Missing the answer window lets the creditor ask for a default judgment, which is what unlocks a wage execution or a bank levy. Filing an answer instead forces the creditor to prove the debt is real and correctly calculated, and a fee waiver request is available for people who cannot afford the filing fee.
This guide does not say. The District of New Jersey's own exemption page states that all debtors may use exemptions provided by state law and by federal law other than bankruptcy law, that debtors in some states may also use the Bankruptcy Code exemptions, and that claiming property under the wrong law can cost you that property. Check with a local bankruptcy attorney which set applies.
No. New Jersey has no credit services organization registration act, so there is no state registry to search and no state bond figure. The Division of Consumer Affairs points consumers to the federal Credit Repair Organizations Act instead, and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., applies to deceptive practices. New Jersey does separately license debt adjusters, which is a different service.
Yes, but New York's income-execution rules generally cap what a judgment creditor can take at a lower share of wages than the federal ceiling, and they also protect lower-wage workers with a floor tied to the minimum wage. Garnishment in New York typically follows a court judgment in a consumer case, so responding to a lawsuit is what keeps that decision open.
New York shortened its deadline for suing on consumer credit debt to three years, measured from the date of default, under the Consumer Credit Fairness Act that took effect in 2022. That's shorter than the older six-year contract period many people still assume applies, so it's worth verifying how current law applies to a specific debt.
CourtHelp describes a window that is commonly 20 or 30 days depending on how service happened, and it can be as little as 10 days for certain in-hand service in City Courts outside New York City. The summons actually received is what controls, so it's worth checking that first.
Yes — in New York, a new payment, even a small one, can restart the clock on an old debt, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.
LawHelpNY is the statewide legal aid portal, routing people to legal aid offices by county and topic with plain-language guides in multiple languages. New York Courts' CourtHelp also posts free self-help guides and forms for consumer debt cases.
Missing the response window lets the collector ask for a default judgment, which can lead to wage garnishment or a frozen bank account. Filing an answer instead forces the collector to prove its case, and under New York's Consumer Credit Fairness Act, collectors must now attach specific account information to consumer-debt complaints.
This guide doesn't state a specific judgment-duration or renewal figure for New York — see the sections above on lawsuits and judgments, and confirm current renewal rules with New York Courts' CourtHelp or a New York attorney.
Yes — New York lets filers choose between the state exemption lists and the federal ones to protect a home, vehicle, and belongings. The specifics and any dollar figures adjust over time, so it's worth verifying current exemptions with the court, legal aid, or a bankruptcy attorney.
No. General Business Law Article 28-BB (§458-a et seq.) has no registration, license, or bond requirement, so there is no New York registry to search. Instead, §458-e flatly prohibits a credit services business from collecting any fee before performing the contracted services, and the federal CROA rules apply on top.
Generally, no — North Carolina courts cannot order wage garnishment for credit cards, car loans, or other ordinary consumer debt, which the North Carolina Department of Labor states directly as one of the strongest consumer protections in the country. The exceptions are narrow and mostly involve debts owed to the government or tied to family support, such as unpaid taxes, defaulted student loans, and child or spousal support.
North Carolina's deadline for suing on most consumer debts, including credit cards, medical bills, and other open accounts, is three years under N.C. Gen. Stat. § 1-52(1). A debt structured as a formal promissory note follows a different, longer six-year clock under the state's version of UCC § 25-3-118, so the type of paperwork behind a debt can change which deadline applies.
No — a bank account holding those same wages can still be frozen or levied once a creditor has a judgment, and a judgment can still attach as a lien against real property. That lien is subject to North Carolina's homestead exemption, which is $35,000 for a single owner and $60,000 for some owners age 65 or older who meet specific survivorship conditions, under N.C. Gen. Stat. § 1C-1601(a)(1).
It's possible in a narrow situation — North Carolina courts will not originate a wage garnishment order for ordinary consumer debt, but an out-of-state creditor that already holds a valid garnishment order from another state's court may still be able to reach North Carolina wages. Whether that applies to a given situation depends on the facts, which is worth confirming with legal aid or an attorney.
Yes — a new payment, even a small one, can restart the three-year stopwatch on an old debt in North Carolina, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.
Legal Aid of North Carolina is the state's largest legal aid organization, offering guides, phone intake, and a directory of local offices reachable at 866-219-5262. The North Carolina Department of Justice's consumer protection division also takes complaints about collectors and scams at 1-877-5-NO-SCAM.
North Carolina's homestead exemption is $35,000 for a single owner, and $60,000 for some owners age 65 or older who meet specific survivorship conditions, under N.C. Gen. Stat. § 1C-1601(a)(1). How that interacts with a given filer's situation is worth confirming directly with the court, legal aid, or a bankruptcy attorney.
This guide doesn't state a single statewide number of days — the deadline is printed on the summons and complaint a person is actually served with, not a generic figure. Missing that deadline lets the creditor ask for a default judgment, so confirming the specific deadline with Legal Aid of North Carolina or the clerk of court matters.
No. The Credit Repair Services Act (G.S. §66-220 et seq.) has no registration or license, so there is no North Carolina registry to search. It does require every credit repair business to hold a $10,000 surety bond or trust account and bars taking any payment before the services are fully performed (§§66-222, 66-223), and the federal CROA rules apply on top.
R.C. 2329.66(A)(13) exempts the greater of 75 percent of disposable earnings or 30 times the federal minimum hourly wage for a weekly pay period, which leaves a maximum of 25 percent of disposable earnings reachable. That matches the federal ceiling described in the Department of Labor's Fact Sheet #30, so Ohio does not go beyond the federal floor on the percentage itself.
R.C. 2305.07(C) sets six years for an action arising out of a consumer transaction incurred primarily for personal, family, or household purposes, whether or not it was reduced to writing or signed, including an account stated. The same subsection says the cause of action accrues 30 calendar days after the date of the last charge or payment by the consumer, whichever is later.
Yes. Senate Bill 13, effective June 16, 2021, cut the written-contract period in R.C. 2305.06 to six years and set R.C. 2305.07(A) at four years for contracts not in writing. The Ohio Laws page for R.C. 2305.06 also shows a further amendment from Senate Bill 219 taking effect September 23, 2026, which keeps the six-year figure and adds a cross-reference.
Under R.C. 2716.02, a judgment creditor has to send a written Notice of Court Proceeding to Collect Debt after the judgment, at least 15 days and not more than 45 days before seeking a garnishment order. The notice lists three ways to avoid the garnishment inside 15 days: pay the amount due, return the attached Payment to Avoid Garnishment form with the computed payment, or apply to the local municipal or county court for appointment of a trustee.
Ohio Legal Help states that the complaint has to be answered within 28 days, and it publishes a debt collection answer form that can be used statewide. Missing that window lets the creditor move for default judgment, which means the court can treat every statement in the complaint as agreed.
No. R.C. 2329.662 says Ohio specifically does not authorize debtors domiciled in Ohio to use the exemptions in 11 U.S.C. §522(d), so Ohio filers use the state list in R.C. 2329.66. That section was amended effective September 30, 2025 by House Bill 96, and its dollar figures are re-adjusted for inflation every three years.
R.C. 2329.66(A)(1)(a) treats health care judgments separately: for money owed for health care services or supplies, the residence is exempt from execution, garnishment, attachment, or sale, and enforcement of a judgment lien is delayed until the property is sold or otherwise transferred. That is narrower than it sounds, because the lien itself can still attach, so it is worth confirming with a lawyer.
Ohio Legal Help is the statewide portal, with guided court forms, plain-language articles in more than a dozen languages, and a legal aid finder that matches an address to the local legal aid office. The Northern District bankruptcy court also publishes a legal assistance page and a local bar association directory.
Yes. Under R.C. 4712.02, a credit services organization must file a registration application with and receive a certificate of registration from the Division of Financial Institutions before conducting business in Ohio, and R.C. 4712.06 requires a $50,000 surety bond filed with the Division. Ohio does not let the bond unlock advance fees: R.C. 4712.07(A) bars charging anything until the agreed services are complete, and violations are a fifth-degree felony under R.C. 4712.99.
Yes, but Oregon generally follows the federal ceiling for consumer debts and then adds a protected weekly minimum, so lower-wage workers keep a floor of take-home pay even after a judgment. Garnishment in Oregon typically follows a court judgment in a consumer case, so responding to a lawsuit is what keeps that decision open.
Oregon's deadline for suing on most written contracts, including most credit cards and loans, is commonly cited as six years under state law. The start date, the type of agreement, and out-of-state choice-of-law clauses can all change the math, and a debt already reduced to a court judgment follows its own, longer clock.
OregonLawHelp and the courts' self-help pages describe a 30-day window to respond in circuit court, while small claims cases have a shorter, 14-day window. The summons actually received is what controls, so it's worth checking that first.
Yes — in Oregon, a new payment, even a small one, can restart the clock, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.
OregonLawHelp is the statewide legal aid portal, offering step-by-step guides plus a directory of free and low-cost legal help by county and topic. The Oregon Judicial Department Self-Help Center also posts free guides and points to answer forms.
Missing the response window lets the collector ask for a default judgment, which can lead to garnishment or a frozen bank account. Filing a response instead forces the collector to prove its case with evidence, and court filing fees can sometimes be waived or deferred for people with low incomes.
This guide doesn't state a specific judgment-duration or renewal figure for Oregon — see the sections above on lawsuits and judgments, and confirm current renewal rules with the Oregon Judicial Department Self-Help Center or an Oregon attorney.
Yes — Oregon lets filers choose between the state exemption lists and the federal ones to protect a home, vehicle, and belongings. The specifics and any dollar figures adjust over time, so it's worth verifying current exemptions with the court, legal aid, or a bankruptcy attorney.
Yes. Oregon treats credit repair as a debt management service under ORS 697.602 et seq., so a provider must register with the Department of Consumer and Business Services and file a surety bond of at least $10,000 before operating (ORS 697.612, 697.642). The Division of Financial Regulation's license search shows who is registered, and the federal CROA rules apply on top.
Generally, no — under 42 Pa. C.S. § 8127(a), wages generally cannot be attached to collect a judgment for things like credit card balances, medical bills, or personal loans, which goes beyond the federal Consumer Credit Protection Act's cap-only approach. The exceptions are specific, not sweeping, and mostly involve support orders, certain unpaid rent, a defaulted PHEAA state student loan, or criminal restitution.
Pennsylvania's deadline for suing on most consumer debts — written contracts, oral contracts, and promissory notes alike — is four years under 42 Pa. C.S. § 5525(a). Unlike states that split these into different timeframes, Pennsylvania uses one four-year window, though the start date and any partial payments can still change the math.
No — once income lands in a bank account it can lose its wage protection, and a judgment creditor can then ask the bank to freeze and turn over the funds. Pennsylvania also has no state homestead exemption, which is unusual, so a judgment creditor here often goes after a bank account or a lien against real estate instead of wages.
Yes — federal law overrides Pennsylvania's wage protection in two common situations: the IRS can levy wages for unpaid federal taxes, and the U.S. Department of Education can pursue administrative wage garnishment for defaulted federal student loans, regardless of Pennsylvania law.
Yes — in Pennsylvania, a new payment, even a small one, can restart the clock, and so can a written promise to pay. That's why many people check the dates before paying anything on a debt they haven't touched in years.
PALawHelp and the Pennsylvania Legal Aid Network both route people to local legal aid offices and self-help materials. The Attorney General's Bureau of Consumer Protection also takes complaints about collectors and scams at 1-800-441-2555.
No — Pennsylvania is notable for having no state homestead exemption for a primary residence, which is unusual compared to most states, though property held as tenancy by the entirety between married spouses can offer separate protection from one spouse's individual debts. Those details are fact-specific and worth confirming with an attorney.
This guide doesn't state a single statewide number of days — the exact deadline is printed on the complaint or notice a person was actually served with, not a generic figure. Missing it lets the creditor ask for a default judgment without a hearing on the merits, so confirming the specific deadline and forms with PALawHelp or the Pennsylvania Legal Aid Network matters.
No. The Pennsylvania Credit Services Act (Act 150 of 1992) has no registration or license for credit services organizations, so there is no state registry to search. A company may only collect money before finishing the work if it holds a surety bond or trust account of $5,000 to $25,000 filed with the Department of State, and the federal CROA rules apply on top.
Generally, no — under S.C. Code § 37-5-104, a creditor may not attach unpaid earnings by garnishment for consumer credit sales, consumer leases, consumer loans, or rental-purchase agreements. The exceptions track debts owed to the government or tied to family support, such as unpaid taxes, defaulted federal student loans, and court-ordered child or spousal support.
South Carolina's deadline for suing on most consumer debts — written contracts, open accounts, and oral agreements alike — is three years under S.C. Code § 15-3-530(1). A persistent myth claims written contracts carry a 20-year statute of limitations, but that longer period applies only to sealed instruments under a separate statute, not to ordinary consumer credit agreements.
No — once a paycheck is deposited, a creditor with a judgment can still ask a bank to freeze and turn over the funds, and a judgment can also become a lien against real property. That lien is limited by South Carolina's homestead exemption, which has a statutory base of $50,000 for a single owner and $100,000 for co-owners under S.C. Code § 15-41-30(A)(1), adjusted for inflation every two years.
No — South Carolina law separately protects employees from being fired just because a creditor tried to garnish their wages for a consumer debt, under S.C. Code § 37-5-106.
Yes — a new payment, even a small one, can restart the clock in South Carolina, and so can a written acknowledgment of the debt. That's also why the 20-year sealed-instrument figure sometimes seen online doesn't apply to a typical credit card or loan.
South Carolina Legal Services routes people to local legal aid offices by county. The SC Department of Consumer Affairs, reachable at 800-922-1594, and the Attorney General's Consumer Protection and Antitrust division both handle complaints against collectors and other businesses.
South Carolina's homestead exemption has a statutory base of $50,000 for a single owner and $100,000 for co-owners under S.C. Code § 15-41-30(A)(1), adjusted for inflation every two years, so the current protected amount runs higher than the statutory base. Verifying the up-to-date figure with the court, legal aid, or an attorney is the safer approach rather than relying on a specific number printed online.
This guide doesn't state a single statewide number of days — the deadline is printed on the summons and complaint a person is actually served with, not a generic figure. Missing that deadline lets the creditor ask for a default judgment, so confirming the specific deadline with South Carolina Legal Services or the clerk of court matters.
Yes, licensed. South Carolina treats improving a consumer's credit record as a credit counseling service under S.C. Code §37-7-101 et seq., so a company needs a license from the Department of Consumer Affairs and a surety bond of at least $25,000 before offering the service (§§37-7-102, 37-7-103). The Department's licensee lookup shows who holds one, and the federal CROA rules apply on top.
Yes. Tennessee allows garnishment for ordinary consumer debts once a creditor has a judgment. Under T.C.A. §26-2-106 the maximum taken from a workweek's disposable earnings is the lesser of 25 percent of those earnings or the amount by which they exceed 30 times the federal minimum hourly wage, which matches the federal floor.
Six years for most contract claims. T.C.A. §28-3-109(a)(3) requires actions on contracts not otherwise expressly provided for to be commenced within six years after the cause of action accrued, and most credit card and loan claims fall in that category. The accrual date usually traces back to the last payment or the default.
Yes, but only if you claim it. T.C.A. §26-2-107 exempts an additional $2.50 per week for each dependent child under 16 who lives in Tennessee. The statute puts the burden on the judgment debtor to inform the employer of each child claimed, and says the section does not apply if the debtor fails to do so.
Tennessee has a specific route for asking. Under T.C.A. §26-2-216, the judge of the court that entered the judgment may, before or after a garnishment is served, order the judgment debtor to pay the clerk a set amount weekly, biweekly, or monthly toward the judgment, on written consent of the parties or on the debtor's written motion after notice and a full hearing.
T.C.A. §26-2-103 exempts personal property up to an aggregate $10,000 of the debtor's equity interest, and the statute expressly lets the debtor select money and funds on deposit at a bank or other financial institution within that total. Social Security and certain other federal benefits carry separate protection from commercial garnishment.
No. T.C.A. §26-2-112 declares Tennessee's own exemptions adequate and says Tennessee citizens are not authorized to claim the exemptions in 11 U.S.C. §522(d). The state list applies, including the $10,000 personal property exemption and the homestead exemption in T.C.A. §26-2-301.
T.C.A. §26-2-301 gives an individual, head of family or not, a homestead exemption of up to $35,000 on real property used as a principal residence. People who jointly own and use the property as their principal residence get combined exemptions capped at $52,500. Amounts change over time, so confirming the current figure matters.
This guide does not state a single statewide number of days, because Tennessee cases run through General Sessions, Circuit, and Chancery courts and the deadline is printed on the summons and complaint actually served. Missing that date lets the collector ask for a default judgment, so confirming it with the court clerk or Help4TN matters.
They have to be bonded. T.C.A. §47-18-1003(6) bars providing credit services business services in Tennessee without a bond consistent with T.C.A. §47-18-1011, which requires a bond for each location in an amount set by the commissioner of commerce and insurance, defaulting to $100,000 if no rule sets the level. A bond is not an endorsement, and the federal CROA rules still apply.
Generally, no — the Texas Constitution generally bars garnishment of current wages for ordinary consumer debts like credit cards and medical bills, which reaches well beyond the federal floor that only caps garnishment rather than blocking it outright. Garnishment is mainly allowed for court-ordered child support and spousal maintenance, and for certain federal debts such as taxes and defaulted student loans.
Texas's deadline for suing on most consumer debts, including most credit cards and loans, is commonly cited as four years under the state's Civil Practice and Remedies Code. The start date, the type of agreement, and out-of-state choice-of-law clauses can all change the math, so it's worth verifying how current law applies to a specific debt.
No — once wages land in a bank account they can lose that protection, and a judgment creditor may then try to freeze the account. Texas is also known for generous bankruptcy exemptions, including a homestead protection that's among the broadest in the nation, though the specifics adjust over time.
Texas Law Help describes a 14-day window to answer in justice court for smaller debt-claim cases, while in county or district court the answer is due by the Monday after 20 days from the date of service. The citation actually received is what controls, so it's worth checking that first.
Yes — in Texas, a new payment, even a small one, can restart the clock, and so can a written promise to pay. That's why many people check the dates before paying anything on a debt they haven't touched in years.
Texas Law Help is the statewide legal aid portal run by Texas legal-aid organizations, offering step-by-step guides, court-ready answer forms, and a directory of free and low-cost help. The Texas State Law Library also offers free research help and self-help materials.
Missing the answer deadline lets the collector ask for a default judgment, which can lead to a frozen bank account. Filing an answer instead forces the collector to prove its case with evidence, and court filing fees can sometimes be waived for people with low incomes.
This guide doesn't state a specific judgment-duration or renewal figure for Texas — see the sections above on lawsuits and judgments, and confirm current renewal rules with the Texas State Law Library or a Texas attorney.
Yes. Under Texas Finance Code chapter 393, a credit services organization must register with the Secretary of State before doing business, and it needs a $10,000 surety bond or account to collect any fee before the work is done. Registration is a filing, not an endorsement, so the federal CROA rules still apply and complaints go to the Texas Attorney General or the CFPB.
Yes, with a judgment, but Virginia protects more income than the federal floor does. Va. Code § 34-29 caps garnishment at the lesser of 25 percent of weekly disposable earnings or the amount by which those earnings exceed 40 times the federal or Virginia minimum hourly wage, whichever wage is greater. Federal law uses a 30-times floor, so the Virginia calculation shields a larger base.
Va. Code § 8.01-246 sets five years for a contract in writing and signed by the person being sued, and three years for a written contract that person did not sign or for an unwritten contract. A separate rule in subsection B bars a medical debt action not started within three years from the due date on the final invoice, subject to payment-plan terms.
Virginia's courts describe a return date rather than an answer countdown. The Judicial System's self-help site says the civil warrant includes a date and time when both parties must come to court for the trial of their dispute, sometimes called the return date. The paper actually served controls, so reading it first matters more than any general rule.
If the civil warrant was properly served and the defendant fails to appear, a default judgment may be entered, and the court can enter judgment for the plaintiff based on enough evidence to support the claim. When the warrant was served by posting it to the front door, the court will not enter a default judgment until the plaintiff certifies it mailed a copy at least ten days earlier.
No. A judgment is what lets a creditor garnish wages or reach other property, and Virginia's homestead exemption is not automatic. Form DC-454 tells the judgment debtor to fill out the exemption claim and deliver or mail it to the clerk's office, and it describes a right to a hearing within seven business days from the date the claim is filed.
Va. Code § 34-4 gives a householder $5,000 in value, or $10,000 if the householder is 65 or older, plus real or personal property used as the principal residence up to $50,000, plus $500 for each dependent. Those monetary limits are set to begin adjusting for inflation on April 1, 2027, so the current figures are worth confirming with the court or an attorney.
No. Va. Code § 34-3.1 says no individual may exempt from the bankruptcy estate the property specified in section 522(d) of the Bankruptcy Reform Act, except as Title 34 expressly permits. Virginia is an opt-out state, so filers use Virginia's exemption set rather than the federal menu.
Virginia Law Help, maintained by the Virginia Poverty Law Center, publishes garnishment and debt-collection self-help material in English and Spanish, and prints a statewide line of 866-LEGLAID (866-534-5243). The Virginia Judicial System's self-help site covers filing fees and waivers, and the LSC legal aid finder covers every state.
Yes. Under Va. Code § 59.1-335.3 it is unlawful for a credit services business to offer, advertise, or execute a contract in Virginia unless it is properly registered with the Commissioner, and § 59.1-335.4 requires a bond or letter of credit equal to 100 times its standard fee, never below $5,000 or above $50,000. VDACS publishes a list of registered businesses, and federal CROA rules still apply on top.
Yes, with a judgment, but Washington shields more than federal law does. RCW 6.27.150 exempts, for a consumer-debt garnishment, the greater of 80 percent of disposable earnings or 35 times the state minimum hourly wage. Federal law protects only 75 percent or 30 times the federal minimum wage, so the Washington calculation leaves a larger amount untouched.
RCW 4.16.040 gives six years to sue on a contract in writing and on an account receivable, which the statute defines as any obligation for payment incurred in the ordinary course of the claimant's business or profession. RCW 4.16.080 gives three years for a contract not in writing, but it expressly carves out the account-receivable category, so the six-year clock covers a lot of consumer billing.
The state's Notice of Garnishment and of Your Rights tells the debtor to fill out the enclosed claim form and mail or deliver it. If the plaintiff does not object, the funds or property claimed as exempt must be released no later than 10 days after the plaintiff receives the form. If the plaintiff objects, the law requires a hearing no later than 14 days after that.
The state garnishment notice lists benefit funds: TANF, SSI, Social Security, veterans' benefits, unemployment pay, and a federally qualified pension, IRA, or 401(k). An account holding only that money may be claimed as fully exempt. The notice says such an account may be only partly exempt if money from other sources went into it.
This guide does not state a single statewide number of days. The deadline is printed on the summons and complaint actually served, and that document controls. Washington Law Help publishes a section on getting sued over debt, and the court clerk can explain filing procedure without giving legal advice.
Yes. The Western District's exemptions page states that a debtor can choose either the state exemptions or the federal exemptions but cannot mix and match between the two. To use Washington's set, the court says the debtor must have been domiciled in Washington for the 730 days immediately before filing.
CLEAR, the Coordinated Legal Education, Advice and Referral program, assists low-income Washington residents with civil legal problems at 888-201-1014 outside King County, with callers inside King County directed to the 211 Legal Referral and Information Hotline. Washington Law Help, maintained by the Northwest Justice Project, hosts the self-help guides and forms.
Missing the deadline on the summons lets the creditor ask for a default judgment, and a judgment is what unlocks wage garnishment and bank account garnishment. Responding instead forces the creditor to prove the debt is real, correctly calculated, and still within the limitations period.
No. Chapter 19.134 RCW has no state license or registry. It does bar a company from taking money before the work is fully done, unless it holds a $10,000 surety bond and a trust account in Washington. It also requires a written contract with a five-day right to cancel. A violation is a gross misdemeanor and an unfair business practice, and federal CROA rules apply on top.
Educational information — not advice
This page provides general educational information about credit, debt, and consumer protections. It is not legal advice, financial advice, or credit repair services, and reading it does not create any professional relationship. Laws, procedures, deadlines, and dollar amounts vary by state and change over time.
For advice about your specific situation, consult a licensed attorney or qualified financial professional. See our full disclaimer.