District of Columbia Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside District of Columbia's Statutes Of Limitations. District of Columbia phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The District of Columbia Fair Debt Collection Consumer Practices Guide summarizes District of Columbia's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.*
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
District of Columbia Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under District of Columbia’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under District of Columbia Debt Exemption Law!
District of Columbia Statutes
The District of Columbia has NOT opted out of federal debt exemption statutes.
Wages: District of Columbia Code Annotated § 16-572.
Homestead: District of Columbia Code Annotated § 15-501(a)(14).
Tangible personal property: District of Columbia Code Annotated § 15-501 to -503.
Benefits, retirement plans, insurance, judgments, and other intangibles:
District of Columbia Code Annotated §§ 15-501 to -503.
District of Columbia Debt Statutes of Limitation
Your debt may have expired under District of Columbia’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the District of Columbia Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
District of Columbia Statutes of Limitation
Contract, open account or credit card account: 3 years from the date of last payment or last charge. NOTE: An oral promise to pay re-starts the three years.
Contracts under seal: 12 years.
UCC Sales of Goods: 4 years.
District of Columbia Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under District of Columbia’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under District of Columbia law.
District of Columbia Procedural Requirements
An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily multiplied thereby they shall be charged to the party causing the attachment to be issued. D.C. Code § 16-542.
An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment. D.C. Code § 16-546.
Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention. D.C. Code § 16-547.
The court may make all orders necessary for the preservation of the property attached. D.C. Code § 16-550. In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him. In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. D.C. Code § 16-552.
If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff's judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by § 16-551. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney's fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding. D.C. Code § 16-553.
If a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff's judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until they become due. When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff's judgment and costs, and execution may be had thereon. D.C. Code § 16-556.
Interest Rate at which Judgments Accrue In an action in the United Statutees District Court for the District of Columbia or the Superior Court of the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by contract, if any, until paid. D.C. Code § 15-108.
In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. In an action to recover damage for a wrong the judgment for the plaintiff shall bear interest. D.C. Code § 15-109. The rate of interest is 70% of the rate of interest set by the Secretary of the Treasury pursuant to § 6621 of the Internal Revenue Code of 1986 for underpayments and overpayments of tax to the Internal Revenue Service, rounded to the nearest full percent, or if exactly 1/2 of 1%, increased to the nearest full percent. D.C. Code § 28-3302.
District of Columbia (Debt Collector) Call Recording Law
Under District of Columbia State and Federal Call Recording Laws, you could record the actual conversation with a debt collector in your efforts to stop debt collectors from calling! District of Columbia is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of District of Columbia.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
