Rhode Island Debt Collection Laws: Know Your Rights
Rhode Island debt collection laws provide strong protection against harassment and illegal collection tactics. You can demand debt validation, report violations, and even sue collectors who break the rules. Understanding these rights helps you negotiate better settlements or win in court.
Respond to LawsuitDebt collectors in Rhode Island must follow strict rules. Both state and federal laws protect you from harassment and illegal collection tactics.
When collectors cross the line, you have the power to fight back. Rhode Island debt collection laws give you that protection.
Stop Rhode Island Collectors From Winning by Default
Collectors bank on you ignoring the lawsuit. Respond with a proper Answer and protect your rights. Our partner helps you draft your response and negotiate settlements before trial.
Answer Your SummonsUnderstanding these laws helps you respond effectively when sued. You can even use violations as leverage to settle or win your case.
Rhode Island Debt Collection Practices Act Protects You
The Rhode Island Debt Collection Practices Act appears in Rhode Island General Laws Title 19 Chapter 19-14.9. The law contains fourteen sections that regulate collector behavior.
Here are the key protections you need to know.
Collectors Cannot Harass Your Friends and Family
Under RI Gen L § 19-14.9-4, collectors can contact others only to locate you. They cannot reveal you owe a debt.
Collectors can only make one contact per person. They cannot use postcards or letters that indicate debt collection.
Harassment and Abuse Are Illegal
Section RI Gen L § 19-14.9-6 prohibits harassment, oppression, and abusive behavior. Collectors cannot:
- Threaten violence or illegal action against you
- Use profane, obscene, or abusive language
- Call repeatedly to annoy or harass you
- Publish your debt to shame you publicly
You Can Demand Debt Validation
Have you received collection calls but no proof of the debt? RI Gen L § 19-14.9-9 requires collectors to verify debts in writing.
Send a Debt Validation Letter requesting proof. Collectors must respond within five days with:
- The exact debt amount
- The original creditor’s name
- Your right to dispute within 30 days
- Information about requesting creditor verification
After you dispute, collectors must stop all collection activity. They cannot resume until they provide verification.
If you’re facing a lawsuit, our partner Solo helps you respond to the summons and negotiate settlements.
Unfair Collection Tactics Are Banned
RI Gen L § 19-14.9-8 prohibits unfair or unconscionable collection methods. Collectors cannot:
- Threaten to seize property they cannot legally take
- Demand post-dated checks or electronic withdrawals
- Publicly shame you by publishing your debt
- Misrepresent the amount or legal status of the debt
Strict Rules Govern When Collectors Can Contact You
Section RI Gen L § 19-14.9-5 limits how and when collectors can reach you. They cannot:
- Call before 8 am or after 9 pm
- Call you repeatedly for the same debt
- Contact you at work if prohibited
- Call you after you hire an attorney
Violating these communication rules gives you grounds to counter-sue the collector.
Statute of Limitations Protects You From Old Debts
The statute of limitations sets a deadline for filing lawsuits. After the deadline passes, collectors cannot sue you for the debt.
Rhode Island’s statute of limitations on debt is 10 years. The law applies to credit card debt, medical debt, and most contracts.
Judgments have a 20-year enforcement period. Once a court issues a judgment, collectors have two decades to collect.
Rhode Island Statute of Limitations by Debt Type
| Debt Type | Deadline |
|---|---|
| Credit Card | 10 years |
| Medical Bills | 10 years |
| Auto Loan | 10 years |
| State Tax | 10 years |
| Mortgage | 10 years |
| Written Contract | 10 years |
| Oral Contract | 10 years |
| Court Judgment | 20 years |
Understanding these deadlines helps you defend against time-barred debt lawsuits. If the debt is too old, you can use the statute of limitations as a defense.
Federal Law Adds Extra Protection
The Fair Debt Collection Practices Act provides federal protections for Rhode Island consumers. The FDCPA works alongside state law to regulate collectors nationwide.
Rhode Island debt collection laws mirror many FDCPA provisions. The federal law does not replace or weaken state protections.
When collectors violate the FDCPA, you can sue for damages. Violations include harassment, false statements, and unfair collection practices.
Consider an example: A collector calls you 10 times daily. They refuse to verify the debt after your written request. They threaten wage garnishment without a judgment.
Each violation strengthens your case. You can use these violations to negotiate a settlement or counter-sue.
Take Action When Collectors Violate Your Rights
Don’t ignore collector violations. You have options to protect yourself and hold collectors accountable.
Follow these steps when a collector breaks the law:
Step 1: Document Everything
Keep records of all collector contacts. Note dates, times, names, and what was said.
Save voicemails, letters, and emails. Take screenshots of text messages. Documentation proves violations occurred.
Step 2: Send a Written Warning
Write to the collector citing specific violations. Demand they stop the illegal behavior immediately.
Mention you will file complaints and consider legal action. Send via certified mail with return receipt.
Step 3: File Official Complaints
Report violations to multiple agencies. File complaints with the Consumer Financial Protection Bureau and Federal Trade Commission.
Contact the Rhode Island Attorney General’s office. These agencies investigate and may take enforcement action.
Step 4: Consider Legal Action
Consult an attorney about suing the collector. You may recover damages for violations.
Under the FDCPA, you can receive up to $1,000 per violation. You may also recover actual damages and attorney fees.
Under Rhode Island law, penalties reach $1,000 per individual action. Class actions can result in $500,000 or 1% of the collector’s net worth.
You must file within one year of the violation.
Penalties Collectors Face in Rhode Island
Rhode Island imposes serious consequences for violating debt collection laws. Section RI Gen L § 19-14.9-13 outlines these penalties.
Collectors may face:
- Registration revocation for communication violations
- $2,000 fine or one year imprisonment for calling without registration
- Damages up to $1,000 per individual or $500,000 for class actions
- 15-day cure period if violation was unintentional
These penalties give collectors strong incentive to follow the law. You can use this leverage when negotiating settlements.
Settle Your Debt and Stop the Calls
Settling often costs less than paying the full balance. Collection agencies buy debts for pennies on the dollar.
They often accept 40-60% of what you owe. You pay a lump sum, and they release the remaining balance.
Settlement stops collection calls immediately. You can start rebuilding your credit right away.
Our partner Solo helps you negotiate settlements through their secure platform. You send offers until reaching an agreement.
The platform manages documentation and payment transfers. Your financial information stays private and secure throughout the process.
How to Respond When Sued in Rhode Island
Ignoring a lawsuit guarantees you lose. Collectors win default judgments when you don’t respond.
You must file an Answer within the deadline on your summons. Your Answer responds to each claim in the Complaint.
Include affirmative defenses like statute of limitations or improper service. Raise any collector violations as counterclaims.
Our partner Solo walks you through creating your Answer step by step. An attorney reviews your document before filing.
Responding to the lawsuit puts you in position to negotiate. Many cases settle before trial when you show you’ll fight.