New Hampshire Debt Collection Laws: Your Rights Beyond the FDCPA

New Hampshire has its own debt-collection statute, RSA 358-C, the "Unfair, Deceptive or Unreasonable Collection Practices" act, and its single most important feature is one the federal Fair Debt Collection Practices Act (FDCPA) lacks: it is not limited to third-party collection agencies. RSA 358-C reaches a much wider range of people who try to collect a debt, so conduct the federal law leaves uncovered can still be illegal in New Hampshire. On top of that, New Hampshire is one of the most debtor-protective states in the country when it comes to paychecks, because ordinary judgment creditors generally cannot garnish your wages at all. This page explains how those rules work, the federal baseline they sit on top of, the exceptions, and how to enforce your rights through the New Hampshire Department of Justice.

New Hampshire's own collection-practices law: RSA 358-C

The federal FDCPA (15 U.S.C. 1692) is the national floor. It bans abusive, deceptive, and unfair practices, but it generally applies only to third-party debt collectors and debt buyers, not to the original creditor collecting its own account. That is the gap New Hampshire's statute is written to close. RSA 358-C prohibits the use of "unfair, deceptive or unreasonable" collection practices and applies broadly to those engaged in collecting debts in the state.

The kinds of conduct New Hampshire treats as unlawful track and in places expand on the federal list, including:

• Harassment and abuse — repeated or continuous phone calls intended to annoy or harass, threats of violence, or obscene language.
• Threats the collector cannot or does not intend to carry out — such as threatening arrest, criminal prosecution, or seizure of property when no such action is lawful or planned.
• False or misleading statements — misrepresenting the amount owed, falsely implying the communication is from a court or government agency, or pretending to be an attorney.
• Unfair contact practices — contacting you at unreasonable hours or at your workplace when the collector knows your employer prohibits it, or disclosing the debt to third parties such as neighbors or relatives.

Because RSA 358-C is interpreted alongside New Hampshire's broader Consumer Protection Act (RSA 358-A), a violation can also be treated as an unfair or deceptive trade practice, which opens the door to additional remedies. You do not have to choose between state and federal law; many New Hampshire consumers pursue claims under both RSA 358-C and the FDCPA at the same time because the two laws overlap rather than cancel each other out.

Are debt collectors licensed in New Hampshire?

Licensing of certain consumer-finance and debt-related businesses in New Hampshire runs through the New Hampshire Banking Department, and related activities such as debt adjustment are regulated separately under RSA 399-D. Licensing rules change and vary by the exact type of business, so do not assume a collector is or is not licensed based on a general statement. If you want to confirm whether a specific company is authorized to operate in New Hampshire, check directly with the New Hampshire Banking Department, which publishes licensee information and accepts consumer questions. Regardless of licensing status, every collector contacting a New Hampshire resident must still comply with RSA 358-C and the FDCPA.

The protection that really sets New Hampshire apart: your wages

Under federal law, the Consumer Credit Protection Act caps wage garnishment for ordinary debts at roughly 25% of disposable earnings (or the amount above 30 times the federal minimum wage, whichever is less). That federal figure is a ceiling, and states are free to protect more.

New Hampshire protects far more. New Hampshire does not allow ordinary judgment creditors to garnish wages for typical consumer debts the way most states do. A collector who sues you and wins a money judgment generally cannot reach into your paycheck through routine wage attachment to satisfy that judgment. This makes New Hampshire one of a small number of states where, for everyday credit-card, medical, and similar debts, your earned wages are largely out of reach.

Important exceptions exist. These protections do not apply to obligations like:

• Child support and alimony, which can be enforced against wages.
• Federal and state taxes, which have their own collection powers.
• Federal student loans and other federal debts, which can be collected through federal administrative offset and garnishment regardless of state limits.

Note also that the wage protection generally applies to earned wages; once money is deposited and sitting in a bank account, different rules can apply, and a creditor with a judgment may attempt to reach funds through other process. Because the precise mechanics of attachment and trustee process are technical, confirm how the protection applies to your situation before relying on it.

How long can a New Hampshire debt be sued on?

The statute of limitations is the deadline for a creditor or debt buyer to file a lawsuit. In New Hampshire, the general statute of limitations for personal actions, including most contract-based debts, is three years under RSA 508:4. Debts arising from the sale of goods can fall under the Uniform Commercial Code's separate four-year limitations period (RSA 382-A:2-725). Because the correct period depends on the type of debt and when the clock started, treat three years as the common baseline but verify the deadline for your specific debt.

Two practical warnings: a debt being too old to sue on does not erase it or automatically remove it from your credit report (the federal Fair Credit Reporting Act controls reporting timelines), and making a payment or even acknowledging an old debt in writing can restart the clock. If a collector contacts you about a very old account, be cautious before paying or promising to pay until you confirm whether the limitations period has expired.

How to enforce your rights and file a complaint

If a collector violates RSA 358-C or the FDCPA, you have several avenues:

• Demand validation in writing. Under the FDCPA you can dispute the debt and request verification, generally within 30 days of the collector's first written notice. Send disputes in writing and keep copies.
• Document everything. Save voicemails, letters, call logs with dates and times, and the names of representatives. This record is what proves a violation.
• File a complaint with the New Hampshire Attorney General. The New Hampshire Department of Justice, Consumer Protection and Antitrust Bureau, in Concord, accepts consumer complaints about unfair and deceptive collection practices and operates a consumer line for the public.
• Complain to federal regulators. You can also file with the federal Consumer Financial Protection Bureau and the Federal Trade Commission.
• Consider a private lawsuit. Both RSA 358-C and the FDCPA allow consumers to sue. The FDCPA permits statutory damages plus actual damages and attorney's fees, and New Hampshire's consumer-protection framework can provide additional remedies, including enhanced damages for willful violations.

Where to verify

For the current and official version of these rules, rely on primary New Hampshire sources rather than a collector's summary: the New Hampshire Revised Statutes (RSA 358-C, RSA 358-A, RSA 508:4, and RSA 512 trustee-process provisions), the New Hampshire Banking Department for licensing questions, and the New Hampshire Department of Justice Consumer Protection and Antitrust Bureau for complaints and guidance. Statutes and dollar thresholds can change, so confirm any figure before acting on it, and consult a New Hampshire attorney for advice on your specific situation.

Official New Hampshire Sources

This page is based on New Hampshire law. Limits and deadlines change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.

• File a Consumer Complaint - NH Consumer Protection and Antitrust Bureau (online form)
• New Hampshire RSA Chapter 358-A: Regulation of Business Practices for Consumer Protection (Consumer Protection Act)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of New Hampshire’s own rules.