Know Your Rights: Debt Collection in Minnesota
If you owe money or a debt collector contacts you, you still have legal rights. Collectors must follow both federal and Minnesota law. Here is what you need to know.
Your Rights
-
Collectors cannot harass you. Debt collectors cannot call you before 8:00 a.m. or after 9:00 p.m. They cannot threaten you, use profanity, or call over and over to annoy you. These rules come from the federal Fair Debt Collection Practices Act (FDCPA) and Minn. Stat. § 332.37 .
-
You can demand proof of the debt in writing. Within 30 days of a collector’s first contact, you can send a written request asking them to verify the debt. They must stop collection efforts until they provide proof that you owe the money and how much you owe.
-
Certain property is protected from collection. Minnesota law protects your home (homestead exemption), household goods, clothing, furniture, appliances, and other necessities from being seized to pay a debt. See Minn. Stat. § 550.37 for a full list of exempt property.
-
You have 20 days to respond to a lawsuit. If a creditor sues you, you have 20 days after being served to file an answer with the court. If you do not respond, the court can enter a default judgment against you, which gives the creditor more power to collect.
-
You cannot be arrested for owing money. Unpaid debts are civil matters, not criminal. No one can put you in jail for owing money on a credit card, medical bill, or other consumer debt.
-
Wage garnishment is limited. If a creditor wins a judgment, they can garnish your wages, but only up to 25% of your disposable earnings. See Minn. Stat. § 571.922 .
-
Debt has a time limit. In Minnesota, the statute of limitations for most debt claims is six years. After that, a creditor cannot sue you to collect. See Minn. Stat. § 541.05 . Making a payment or acknowledging the debt in writing can restart the clock.
-
You can negotiate a payment plan or settlement. You have the right to offer a payment plan or settle the debt for less than the full amount. Get any agreement in writing before you make a payment.
What to Do
- Do not ignore a lawsuit. If you are served with court papers, file an answer within 20 days. Ignoring a lawsuit almost always makes things worse.
- Keep records of all collector contacts. Write down the date, time, and what was said for every call or letter. Save voicemails and texts.
- Know your exempt property. Before a collector can take anything, learn what is protected under Minnesota law so you can claim your exemptions.
- Send requests in writing. Use certified mail when you send a debt validation request or dispute a debt so you have proof it was received.
- Consider bankruptcy if you are overwhelmed. Bankruptcy is a legal tool that can stop collections and give you a fresh start. Talk to a lawyer or legal aid before deciding.
Important Deadlines
| Deadline | What It Means |
|---|---|
| 6 years | Statute of limitations for most debt claims in Minnesota — after this, a creditor cannot sue you |
| 20 days | Time to file an answer after you are served with a debt collection lawsuit |
| 30 days | Time to request debt validation in writing after a collector’s first contact |
Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
LawHelpMN
For more detail: See our full guides on these topics:
A plain-language guide to understanding your rights when you are sued for a debt in Minnesota, including common defenses and the court process. A plain-language guide to understanding bankruptcy options in Minnesota, including Chapter 7 and Chapter 13, exemptions, and the filing process.Defending Against Debt Collection Lawsuits in Minnesota
Filing for Bankruptcy in Minnesota