Maine Debt Collection Laws

The legal definition of a “debt” is a monetary obligation that one party (debtor) owes to another (creditor). Millions of Americans suffer from debt, usually from borrowing large sums of money to make an expensive purchase on a necessary item such as a car or a house. When they are not able to pay, and their bills (typically in excess of $10,000 or more) are not paid for several months, it is typical for a creditor to go to a third party to retrieve the money they are owed. Typically, the third party is a debt collection agency. However, the federal Fair Debt Collection Practices Act (FDCPA) protects creditors from certain actions of these agencies. As with many other states, Maine generally adheres to FDCPA guidelines.

Debt Collection in Maine

In the state of Maine, in addition to the federal statutes regarding debt collection, Title 32, Chapter 109-A details all relevant state statutes regarding debt collection practices, under what is known as the Maine Fair Debt Collection Practices Act.

Maine Statute of Limitations

In the state of Maine, certain debt obligations are no longer legally enforceable after a given period of time, known as the statute of limitations period. Though different debt obligations have differing lengths regarding the statute of limitations period, debtors facing collections attempts on expired debts should recognize their rights. These rights include the lack of ability of original creditors or collections companies to collect on outstanding debts past their statute of limitations period in the civil courts, therefore, effectively rendering them void. Some of the relevant statute of limitations periods regarding Maine debt collection laws include:

  • Civil judgments unpaid after twenty (20) years following an award are considered paid in the state of Maine
  • Civil action, such as liens, wage garnishments, and asset seizure stemming from judgments against debtors, must be filed within six (6) years of the infraction resulting in grounds for legally enforceable actions
  • The only instance where the six (6) year period of statute of limitations is not applicable is in the case of promissory notes signed by a witness or bank , which carry a limitations period of twenty (20) years

Collections Practices and Rules for Maine

The state of Maine, in Title 32, Chapter 109-A, outlines specific rules and regulations regarding the legal and illegal methods of debt collection applicable to the state of Maine. Most notably, these laws commonly mirror those set forth by the FDCPA and other regulatory federal statutes, however, residents of Maine should remain aware of their rights as consumers, as well as their right to lay claims against collection companies that violate these laws.

Legal Collections Actions

  • If a collection agent contacts a debtor to inform him/her of their debt, they must do so with certain “reasonable” restrictions, including must contact the debtor between the hours of 8:00am-9:00pm
  • Collection agents should not call the debtor at work if they know the debtor’s employer forbids personal phone calls during working hours
  • Debt collection agents must not use any threatening or intimidating language;
  • Debt collection companies may not publicize your debt obligations;
  • A debt collection company or agent should not contact the debtor if they know he/she has a lawyer representing them.

Illegal Collections Actions

  • Collections attempts involving harassment or abuse are illegal. This includes actions, such as publication of debt obligations as a means of coercion, threats of an intimidating or violent nature, causing telephones to ring repeatedly in order to attempt to annoy or harass, and others
  • Collection agents or companies using false or misleading information during the collections process is illegal. This includes such actions as, impersonating an attorney, impersonating law enforcement or a judge, implying legal action is taken, falsely stating sale or transfer of a debt, or misrepresenting the total amount owed
  • Identifying to credit reporting agencies debtors with obligations stemming from medical expenses of a child without a court or administrative order noting that debt obligation stems from medical expenses of parent’s minor child
  • Use of any of the litany of unfair practices noted in Maine’s Fair Debt Collection Practices Act, Sub Chapter 2, Sub Section Three (3)

Laws for Debt Harassment in Maine

Harassment by debt collectors, which if deemed harassing by a reasonable person, is illegal in the state of Maine. Forwarding complaints of harassment to the attorney general or the Federal Trade Commission through an attorney will stop illegal or harassing debt collection actions. In certain cases of debt harassment, including those associated with false representation during the debt collection claim, will result in debt collector’s losing all rights to make claims on a given debt, as well as civil fines and penalties relevant to state and federal debt collection statutes.

Maine Debt Negotiation and Settlement Rules

If the debtor does not believe that he/she in fact owes the amount stated by the agent, he/she may challenge it. They must do so in writing via a certified letter from the post office. At that point, the collection agency has thirty days to respond, wherein they must present documented proof of the debt. Furthermore, if the agent continues to harass the debtor, the latter may request that the former stop calling them. However, this does not relieve the debtor’s financial obligation to the creditor.

Help from a Maine Debt Collection Attorney

If you have received a phone call from a debt collection agent, you know how intimidating it can be. However, many attorneys can help an individual debtor in many ways:

  • As stated above, the collection agent can no longer harass you; they must speak with your attorney;
  • An attorney knows the law and its details, and so can help you to avoid paying more than you absolutely must;
  • An attorney can negotiate a payment plan on your behalf with the debt collection agency.

It is for these reasons that an experienced lawyer can provide you with the help you need to clear your financial name, and protect you from debt collection harassment.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to an attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you