Debt collector laws in North Dakota

North Dakota's collection law

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

Official text

Read the law

Protections North Dakota adds to federal law

• 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).

More North Dakota rules

• 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).

Complaints about collectors 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.

Licenses for collection agencies in North Dakota

License required

Yes

Who licenses

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

Check a license

Official license lookup

North Dakota is one of 28 states in our 48 state guides that require a license.

In nearby states

• Minnesota: Yes
• Montana: No statewide license
• Nebraska: Yes

Steps against an abusive collector in North Dakota

1. Write it down

   Note the date, time and caller of every contact, and keep letters, voicemails, emails and texts.

2. Check the collector

   North Dakota requires a license, so check the collector's: Official license lookup.

3. Write to the collector

   Use a letter to dispute a debt or to stop collector calls; keep a copy and the mailing receipt.

4. Report the collector

   Complain to North Dakota Attorney General, Consumer Protection Division (the Department of Financial Institutions also takes complaints about licensed collection agencies). You can also complain to the CFPB at consumerfinance.gov/complaint.

5. Know your right to sue in North Dakota

   Under federal law you can also sue a collector that breaks the FDCPA within 1 year, for your actual damages, up to $1,000 more and your attorney's fees (15 U.S.C. 1692k).

Questions about collector laws in North Dakota

Keep reading about North Dakota

• North Dakota: every collection right on one page
• Statute of limitations in North Dakota: 6 years
• Wage garnishment in North Dakota: up to 25%
• Sued by a debt collector in North Dakota: 21 days
• “Is my debt too old?” checker for North Dakota
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Debt collector licensing by state
• Guide: how to dispute a debt
• Guide: how to stop collector calls

Debt collector laws in nearby states