SUMMARY OF COLLECTION LAWS
Location |
Statute of Limitations |
Collections Agency Bond and License |
General Garnishment Exemption |
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Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
ALABAMA | 3 | 6 | 20 | 20 | No | Yes* (privilege license, state & county) |
$150 (pop. over 20,00) $38 (pop. under 20,000) |
See federal law. |
ALASKA | 6 | 6 | 10 | 10 | $5,000 | Yes | $20 initial lic.app. $100 initial op.lic. $100 opr.lic.ren. $100 agy.lic. $100 agy.lic.ren. $20 br.offc.lic. $20 br.offc.ren. All non-res.opr. & agency fees are double except for br.offc.fees. |
$192.50/wk., or $302.50/wk. if earnings are sole household support. |
ARIZONA | 3 | 6 | 5 Add'l 5 on request |
4 or period in foreign state if less | $10,000-$35,000 | Yes | $1,500 orig.lic. $600 lic.ren. $500 br. $200 br.ren. |
See fed. law, except 100% earnings necessary for support of debtor or family unless used for personal services. |
ARKANSAS | 3 | 5 | 10 (renewable) |
10 (renewable) |
$5,000-$25,000 $1,500 hr. |
Yes | $125 $15 ea. collector |
See fed. law. $200/wk. single person, $500/wk. head of household if greater than federal exemption. |
CALIFORNIA | 4 | 4 | 10 (renewable) |
10 (renewable) |
No | No | No | See fed. law, except 100% earnings necessary for support of debtor or family unless used for personal services. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
COLORADO | 6 | 6 | 20 | 6 | $12,000-$20,000 | Yes* | $250 invest $300 orig.lic. $100 ren. $35 collr. $25 colln.mgr. |
Greater of 75% of disposable earnings per work week, or amount equal to 30 x fed. min. hourly wage. |
CONNECTICUT | 6 | 6 | 20 | No prov. | $5,000 | Yes | $400 $100 invest. $250 ren. |
The greater of 75% of disposable earnings for the week, or 40 x fed. min. hourly wage. |
DELAWARE | 3 | 3 | No prov. | No prov. | No | Merc. lic. | $50 | 85% of wages. |
DISTRICT OF COLUMBIA | 3 | 3 | 3 | No prov. | No | No | No | See fed law, except 90% of 1st $200 gross wages per month, 80% on excess of $200 & under $500. |
FLORIDA | 4 | 5 | 20 | 7 | No (Consumer Collns.) Yes (Commercial Collns) |
Domestic-Yes Foreign-Regis.* |
$600 comm'l $200 consumer $200 regis. $50 invest. $200 ren. |
See fed. law, except $500 per wk. head of household. |
GEORGIA | 4 | 6 | 7 | 5 | No | No | n/a | See federal law. |
HAWAII | 6 | 6 | 10 | 6 | $25,000 $15,000 ea. br. |
Yes | $25 app. $40 regis. |
95% of 1st $100, 90% of next $100 and 80% of wages in excess of $200 per mo., or equivalent per week |
IDAHO | 4 | 5 | 6 | 6 | $2,000initial bond; up to $100,000 ren., depending on net collins. + $2,000 to indemnify state costs | Yes* | $100 $100 foreign $50 ren. $20 app. $20 solicitor/colltr. |
Greater of 75% of disposable earnings for week., or 30 x fed. min. hourly wage. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
ILLINOIS | 5 | 10 | 20 | 5 | $25,000 | Yes* | $75 orig. $60 ren. |
Greater of 85% of gross wages weekly, or 45 x fed. min. hourly wage. |
INDIANA | 6 | 10 - Executed before 9/1/82 6 - Executed after 8/31/82 |
20 | 20 | $5,000 | Yes* | $50+$5 ea. unlic.emp. | See federal law. |
IOWA | 5 | 10 | 20 | 20 | No | If collns. exceed $25,000, must notify state and pay $10 fee | See fed. law. For consumer cred. transactions, 75% of disposable earnings for week or 30 x fed. min. hourly wage, whichever is greater. Consumer may apply to court for greater exemption on basis that it is necessary for the maintenance of the consumer or a family supported wholly or partly by the earnings of the consumer. | |
KANSAS | 3 | 5 | 5 (renewable) |
5 (renewable) |
No | No | No | See federal law. |
KENTUCKY | 5 | 15 | 15 | 15 | No | No | No | See federal law. |
LOUISIANA | 3 | 10 | 10 | 10 | $10,000 | Yes | Up to $200 orig./ren. Up to $100 br.offc. |
See federal law. |
MAINE | 6 | 6 | 20 | 20 | $20,000-$50,000 | Yes* | $400 (2 years) | Greater of 75% disposable earnings for week, or disposable earnings over 40 x fed. min. hourly wage. Wages due for wife's or child's personal service. In trustee process, 100%. |
MARYLAND | 3 | 3 | 12 | 12 | $5,000 | Yes | $200 ea. location | Greater of 75% or amount equal to $145 x no. of weeks in which wages due were earned, except in Carolina, Worcester, Kent and Queen Anne's Counties, see fed. law. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
MASSACHUSETTS | 6 (UCC 4) |
6 (UCC 4) |
20 | 20 | $10,000-$25,000 | Yes | $500 | See federal law. |
MICHIGAN | 6 | 6 | 10 (renewable) |
10 | $5,000-$50,000 | Yes* | $225 $125 ren. $125 mgr. (non-owner) $50 mgr. (owner) |
See federal law. |
MINNESOTA | 6 | 6 (UCC 4) |
10 (renewable) |
10 (renewable) |
$5,000-$20,000 | Yes | $500 $500 invest. $400 ren. $10 ea. collr. |
Greater of 75% disposable earnings or 40 x fed. min. hourly wage. For debtor who has been or relief, 100% for 1st six months after return to private employment. |
MISSISSIPPI | 3 | 3 | 7 | 7 (3 if MS resident) |
No | Cert. of Authority | $15-$50 | After 30-day grace period, see fed. law. Exemptions not applicable to taxes/pensions. |
MISSOURI | 5 | 10 | 10 | 10 | No | No | No | See fed. law, except 90% of week's net pay, head of household. |
MONTANA | 5 | 8 | 10 | 10 | No | No | No | Maximum subject to garnishment is the lesser of the amount by which his disposal earnings exceed 30% of fed. min. wage, or 25% disposable earnings. |
NEBRASKA | 4 | 5 | 5 (renewable) |
5 | $5,000 for less than 5 lic. solic. $10,000 for 5 to 15 $15,000 for 16+ |
Yes* | $200 $200 invest. $75 ren. $50 br. $35 br. ren. $6 solic. |
Greater of 75% disposable earning (85% if head of household) or 30 x fed. min. hourly wage. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
NEVADA | 4 | 6 | 6 | 6 | $25,000- $50,000 | Yes* | $250 app. & survey $100-300 orig. $200 ren. $125 br. $100 ren. br. |
See federal law. |
NEW HAMPSHIRE | 3 | 3 | 20 | 20 | No | No | No | 50 x fed. min. hourly wage. |
NEW JERSEY | 6 | 6 | 20 | 20 or period in foreign state if less | $5,000 Surety only |
Cert. of Authority | $25 filing fee | Min. $48 per week, 90% if earnings are $7,500/yr. or less, court may reduce exemption if earnings are greater. Subject to changes under cost of living index. |
NEW MEXICO | 4 | 6 | 14 | 14 | $5,000-$25,000 | Yes* | $200 orig. $200 br. $200 ren. |
Greater of 75% or amount each week equal to 40 x fed min. hourly wage. |
NEW YORK | 6 | 6 | 20 | 20 | NYC: No Buffalo: $5,000 |
Yes Yes |
$75 Determined by admin. |
90% of earnings for services within 60 days before income execution and any time after. Court may reduce as relates to federal garnishment exemptions. |
NORTH CAROLINA | 3 | 3 (UCC 4) |
10 | 10 | $5,000-$50,000 | Yes* | $500 | 100% of last 60 days' earnings for family support. Garnishment not available as remedy in collection of commercial accounts. |
NORTH DAKOTA | 6 | 6 | 10 (renewable) |
10 | $20,000 | Yes* | $300 invest. $200 lic. |
75% disposable earnings for work week, or amount equal to 40 x fed. min. hourly wage, whichever is greater, plus $20 each dependent in household. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
OHIO | 15 | 15 | 21(judgment lien must be filed every 5 years) | 15 | No | No | No | Of earnings for preceding 30 days, 30 x fed. min. hourly wage if paid weekly; 60 x if paid bi-weekly; 65 x if paid semi-monthly; 130 x if paid monthly, or 75% of disposable earnings. See fed. law. |
OKLAHOMA | 3 (UCC 5) |
5 | 5 (renewable) |
3 | No | No | No | 75% of earnings during 90 days before execution, 100% of earnings for personal services prior to trial court judgment. Can extend to 50% to satisfy child support order. |
OREGON | 6 | 6 | 10 | 10 | $10,000 (or irrevocable letters or credit) | Regis.* | $350 orig. $75 ren. |
75% of disposable earnings per week or $170 of disposable earnings per week, whichever is greater. |
PENNSYLVANIA | 6 | 6 | 4 | 4 | Yes | Yes | % of sales | 100% plus marital property. |
RHODE ISLAND | 10 | 15 | 20 | 20 | No | No | No | First $50 of wages. Social welfare payments and see federal law. |
SOUTH CAROLINA | 3 | 10 | 10 | 10 | No | Yes (Gen. business) | No | 100% exemption. |
SOUTH DAKOTA | 6 | 3 | 20 | 10 | No | No | No | 80% and 40 x fed. min. hourly wage, plus $25 per week for each dependent in debtor's household. |
TENNESSEE | 6 | 6 | 10 | 10 | $15,000 1-4 emp. $20,000 5-9 emp. $25,000 10+ emp. |
Yes* | $150 app.fee $600 orig. $350 ren. $100 br. $100 loc.mgr.app. $50 mgr.ren. $25 ea. sol. |
See federal law. Add $2.50 per week for dependent child under 16. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
TEXAS | 4 | 4 | 10 (renewable) |
10 (renewable) |
$10,000 | No | n/a | 100% of wages. |
UTAH | 4 | 6 | 8 | 8 | $10,000 | Regis. | n/a | See federal law, or $134/week. |
VERMONT | 6 | 8 | 8 | 8 | No | No | No | 75% of disposable earnings for week, or 30 x fed. min. hourly wage, whichever is greater. If consumer credit transaction, 85% or 40 x fed. min. wage, whichever is greater. |
VIRGINIA | 3 | 5 | 20 | 10 | No | No | No | 75% of disposable earnings, or excess of 30 x fed. min. hourly wage, whichever is greater. Varies for support situations. Debtor must be sent notice of how to claim exemption. |
WASHINGTON | 3 | 6 | 10 | 10 | $5,000 | Yes* | $375 orig. app. $375 invest. $600 ren. $300 br. & ren. |
75% of disposable earnings, 30 x fed. min. hourly wage, whichever is greater. If consumer credit transaction, 85% or 40 x fed. min. wage, whichever is greater. |
WEST VIRGINIA | 5 | 10 | 10 | 10 | $5,000 | Yes* | $15 | 80% of wages due or to be due within one year of issuance of execution, or 30 x fed. min. hourly wage. For consumer cred. debts, 80% of disposable earnings a week, 30 x fed. min. hourly wage. |
WISCONSIN | 6 | 6 | 20 | 20 (or foreign if less) | Net worth $15,000 and up; $25,000 bond | Yes* | $100 invest. (min.) $100 license $2 ea. solicitor |
80% of net pay; affects earnings for all pay periods beginning with 13 week of service of garnishment on garnishee; also earnings exempt for families below federal poverty level. |
WYOMING | 8 | 10 | 5 | 5 | $10,000 | Yes* | $200 orig. $100 ren. $100 br. |
See federal law. |
Open Account Years | Contracts in Writing Years | Domestic Judgments Years | Foreign Judgments Years | Bond | License | Fee | Federal law exempts from garnishment 75% of disposable earnings per work week or an amount equal to 30 x fed. min. hourly wage, whichever is greater. State laws are listed below, but where fed. law provides larger exemption, it supersedes state law. | |
PUERTO RICO | 15 | N/A | 15 | 15 | $5,000 | Yes* | $500 orig. $500 ren. |
75% of last 30 days' earnings for family support. |
STATES HAVING COMMUNITY PROPERTY LAWS:
Arizona California Idaho Louisiana Nevada
NewMexico Texas Washington Wisconsin
*Out-of-state collectors may be able to obtain limited license or may bypass license requirement. Call state collection agency administrator.