North Dakota Debt Collection Laws

Your federal rights

These federal rules apply in North Dakota and every other state. North Dakota's own law, below, can add more.

Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).

Read how to dispute a debt or stop collector calls.

North Dakota law and extra protections

State law: North Dakota collection agency law (N.D. Cent. Code ch. 13-05)
Law: N.D. Cent. Code §§ 13-05-01 to 13-05-10
Covers original creditors: No
Extra protections: Anyone collecting debts owed to someone else from a person who lives in North Dakota must have a state collection agency license (N.D. Cent. Code §§ 13-05-01.1(7), 13-05-02).
A collection agency can add a fee for a credit card payment only if the fee is 2.5% of the payment or less, a no-cost way to pay is available, and you are told about the no-cost option when your card details are taken (N.D. Cent. Code § 13-05-06.5).
Agencies may not charge fees the chapter bans and must truthfully account for money they collect (N.D. Cent. Code § 13-05-06.3). The regulator can remove workers who harass, abuse or mislead people while collecting (N.D. Cent. Code § 13-05-06.1).
Official text: Read the law

Old debts in North Dakota

Written contracts: 6 years
Open accounts and unwritten agreements: 6 years
Does a payment restart the clock?: A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36). For a mutual open account, the clock runs from the last item on either side (N.D. Cent. Code § 28-01-37).
Law: N.D. Cent. Code § 28-01-16(1); § 28-01-36; § 28-01-37
Official text: Read the law

The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.

Is my debt too old? Check North Dakota's time limit

Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.

Wage garnishment and bank accounts in North Dakota

Wage limit: Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. That amount is then reduced by $20 a week for each dependent family member who lives with you.
Head of household: The weekly amount that can be taken drops by $20 for each dependent living with you. You must give your employer a signed list of dependents within 10 days of getting the garnishment summons (N.D. Cent. Code § 32-09.1-03(2)). A head of family can also protect up to $7,500 of other personal property, including money (N.D. Cent. Code § 28-22-03).
Law: N.D. Cent. Code § 32-09.1-03; § 28-22-03

Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.

Property you can keep in North Dakota

Homestead: up to $150,000 of equity in the home you live in (N.D. Cent. Code § 47-18-01). If you don't use the homestead exemption, you can protect up to $25,000 instead (§ 28-22-03.1(1)). Vehicle: one vehicle up to $10,000 over liens, or $50,000 if modified for a permanent disability (§ 28-22-03.1(2)).

Collector licensing in North Dakota

License required: Yes
Who licenses: North Dakota Department of Financial Institutions (commissioner of financial institutions)
Check a license: Official license lookup

If you are sued in North Dakota

Time to answer: 21 days after you are served with the summons and complaint (district court). You must answer in writing and serve a copy on the plaintiff.
If you don't answer: If you don't answer within 21 days, the plaintiff can ask for a default judgment. If you get a motion for default judgment, you have 14 or 17 calendar days to respond in writing. If you don't, the judge can grant the judgment without hearing from you (ND Courts self-help).
Court self-help: North Dakota court self-help (official)

Don't ignore court papers. Read what to do if a debt collector sues you.

Where to complain in North Dakota

North Dakota: North Dakota Attorney General, Consumer Protection Division (the Department of Financial Institutions also takes complaints about licensed collection agencies) · 701-328-3404 (toll-free in ND: 1-800-472-2600)
Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.

Free help in North Dakota

Good to know in North Dakota

North Dakota protects more of your pay than federal law: 40 times the minimum wage instead of 30, and $20 a week more for each dependent (N.D. Cent. Code § 32-09.1-03).
A collector needs a North Dakota license whenever the person it is collecting from lives in North Dakota, wherever the collector is located (N.D. Cent. Code § 13-05-02).
Breaking the collection agency law is a class C felony (N.D. Cent. Code § 13-05-10).

Free letters to send a collector

Dispute a debt and ask for proof (validation letter)

Within 30 days of the collector's validation notice.

Tell a collector to stop or limit contact

Stop all contact, writing only, or no calls at work.

Questions about debt collection in North Dakota

What is the statute of limitations on debt in North Dakota?

6 years for written contracts and 6 years for open accounts and unwritten agreements (N.D. Cent. Code § 28-01-16(1); § 28-01-36; § 28-01-37).

Does paying on an old debt restart the clock in North Dakota?

A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36). For a mutual open account, the clock runs from the last item on either side (N.D. Cent. Code § 28-01-37).

How much of my paycheck can be garnished in North Dakota?

Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. That amount is then reduced by $20 a week for each dependent family member who lives with you.

Do debt collectors need a license in North Dakota?

Yes. North Dakota Department of Financial Institutions (commissioner of financial institutions)

Does North Dakota have its own debt collection law?

Yes: the North Dakota collection agency law (N.D. Cent. Code ch. 13-05) (N.D. Cent. Code §§ 13-05-01 to 13-05-10). It does not cover original creditors collecting their own debts.

How long do I have to answer a debt lawsuit in North Dakota?

21 days after you are served with the summons and complaint (district court). You must answer in writing and serve a copy on the plaintiff.

Where can I complain about a debt collector in North Dakota?

North Dakota Attorney General, Consumer Protection Division (the Department of Financial Institutions also takes complaints about licensed collection agencies): https://attorneygeneral.nd.gov/consumer-resources/consumer-complaints/ · 701-328-3404 (toll-free in ND: 1-800-472-2600)

Sources

Last checked: Oct 24, 2026.

Federal sources

Debt collectors in North Dakota: your rights