Under Louisiana debt collection laws, a creditor generally has three years to sue you on a consumer debt, cannot contact people outside your household about it, cannot garnish more than 25 percent of your disposable wages without a court judgment, and cannot touch your homestead equity, one vehicle up to $7,500, or your household goods. Federal law adds calling-hour limits, a written validation notice, and the right to sue collectors who cross the line. The details below tell you where each protection kicks in and how to use it.
How Long a Creditor Has to Sue You
Louisiana calls its statute of limitations “prescription.” For most consumer debts, the period is three years. Civil Code Article 3494 sets that three-year window for open accounts, money lent, and actions to recover payment for services rendered.1Louisiana State Legislature. Louisiana Civil Code Article 3494 – Actions Subject to a Three-Year Prescription Credit card balances are open accounts. Medical bills are services rendered. Both prescribe in three years.
Promissory notes get longer. Civil Code Article 3498 gives a lender five years to sue on a promissory note, negotiable or not, counted from the day payment became due.2Louisiana State Legislature. Louisiana Civil Code Article 3498 – Actions on Instruments Signed a note for a personal loan? Five years, not three.
Watch out for one thing. Making an unconditional payment on an old debt can interrupt prescription and restart the clock, because Louisiana courts treat it as an acknowledgment of the obligation. A settlement payment or a payment made under protest is different, but a voluntary partial payment with no conditions attached hands the creditor a fresh prescriptive period. If a collector calls about a debt that may be close to prescribing, do not send money before you understand what payment does to the timeline.
What Collectors Can and Cannot Do When They Contact You
Louisiana Revised Statute 9:3562 bars a creditor from contacting anyone outside your household about your debt, with narrow exceptions.3Justia Law. Louisiana Revised Statutes Title 9 RS 3562 – Unauthorized Collection Practices A creditor can reach out to third parties to check your creditworthiness or to locate you if they think you have moved or changed jobs, but those contacts cannot be used to collect the debt itself. This state protection applies to original creditors, which matters because the federal FDCPA generally applies only to third-party collectors.
You can shut most contact down. Send the creditor written notice by certified or registered mail telling them to stop contacting you, and the creditor is limited to one mail contact per month and no more than four personal contacts total after that, none of which can threaten action the creditor is not legally permitted to take.3Justia Law. Louisiana Revised Statutes Title 9 RS 3562 – Unauthorized Collection Practices Once a creditor obtains a court judgment against you, contacts can resume.
The federal Fair Debt Collection Practices Act adds more. Third-party collectors cannot call before 8:00 a.m. or after 9:00 p.m.4Consumer Financial Protection Bureau. When and How Often Can a Debt Collector Call Me on the Phone They cannot call you at work if they know or have reason to know your employer prohibits it. Without your consent or a court order, they cannot discuss your debt with anyone but you, your attorney, a credit reporting agency, or the creditor and their attorney.5Office of the Law Revision Counsel. 15 USC 1692c – Communication in Connection With Debt Collection
The FDCPA also bars a long list of deceptive and abusive tactics:
- Misrepresenting the amount owed, the legal status of the debt, or that the collector is an attorney or government official.6Office of the Law Revision Counsel. 15 USC 1692e – False or Misleading Representations
- Threatening arrest or property seizure the collector has no intent or right to pursue.
- Threatening a lawsuit that is not actually being considered.
- Sending letters made to look like court papers or government notices.
- Repeated calls meant to annoy, profane language, or publishing your name as a delinquent debtor.
These prohibitions apply whether or not the underlying debt is legitimate.
Your Right to Make Them Prove the Debt
Within five days of first contacting you, a debt collector must send a written validation notice identifying the amount owed, the name of the creditor, and your right to dispute.7Consumer Financial Protection Bureau. 12 CFR 1006.34 – Notice for Validation of Debts Skipping that notice is already a violation.
Send a written dispute within 30 days of receiving the notice, and the collector must stop all collection activity on the disputed amount until they mail you verification of the debt or a copy of a judgment.8Office of the Law Revision Counsel. 15 USC 1692g – Validation of Debts The dispute has to be in writing. A phone call will not trigger this protection. Missing the 30-day window does not forfeit every defense, but the collector can treat the debt as valid.
Debts get sold and resold, and paperwork gets lost. A collector who cannot verify the debt after a written dispute is stuck. Send yours by certified mail so you have proof of the date it was received.
What Creditors Can Take, and What They Cannot
A creditor must obtain a court judgment before garnishing your wages in Louisiana. Even with a judgment, Louisiana law protects 75 percent of your disposable earnings each week, and no garnishment can reduce your weekly take-home pay below 30 times the federal minimum wage. At $7.25 per hour in 2026, that floor is $217.50 per week.9Louisiana State Legislature. Louisiana Revised Statutes RS 13:3881 – Property Exempt From Seizure The most a creditor can garnish for a consumer debt is 25 percent of disposable earnings.
Support obligations are treated differently. The exemption drops to 50 percent for child support and 60 percent for spousal support.9Louisiana State Legislature. Louisiana Revised Statutes RS 13:3881 – Property Exempt From Seizure Social Security benefits and unemployment compensation are off-limits to garnishment under federal law.
Revised Statute 13:3881 also shields a broad list of property from seizure even after a judgment:
- Up to $7,500 in equity in one motor vehicle per household.9Louisiana State Legislature. Louisiana Revised Statutes RS 13:3881 – Property Exempt From Seizure
- Furniture, appliances, bedding, clothing, kitchenware, washers, dryers, refrigerators, and heating and cooling equipment used by you or your family.
- Tools, instruments, books, and one utility trailer necessary for your livelihood.
- Wedding and engagement rings up to $5,000 in value per spouse.
- All dogs, cats, and household pets.
- Up to $2,500 total in firearms, ammunition, and accessories.
- Your federal earned income tax credit and refundable child tax credit, except for state tax debts or unpaid child support.
Your home is protected too. The Louisiana Constitution guarantees a homestead exemption of at least $15,000 in value on your primary residence, so a judgment creditor cannot force a sale to reach that protected equity.10FindLaw. Louisiana Constitution of 1974 Art XII Section 9 The homestead exemption does not shield you from the mortgage on the property or from certain tax liens.
What You Can Recover if a Collector Breaks the Rules
If a debt collector violates the FDCPA, you can sue for your actual damages (financial losses and emotional distress caused by the violation), plus statutory damages up to $1,000 per lawsuit. The $1,000 cap is per case, not per violation. A winning plaintiff also recovers attorney’s fees and court costs, and that fee-shifting is usually the real financial engine behind these cases.11Office of the Law Revision Counsel. 15 USC 1692k – Civil Liability
Louisiana adds a separate path. When a creditor violates RS 9:3562’s third-party contact rules or the cease-contact limits, the statute preserves your right to bring a damages claim under Civil Code Article 2315, the state’s general fault provision.3Justia Law. Louisiana Revised Statutes Title 9 RS 3562 – Unauthorized Collection Practices That matters most when the offender is the original creditor, who is outside the FDCPA’s reach.
Many consumer attorneys take these cases on a contingency or fee-shifting basis, so the collector pays your attorney’s fees if you win. That combination makes the cases viable even when the underlying debt is small.
Fixing Errors on Your Credit Report
Collection accounts drag credit scores for years, and errors are common when debts get sold. Under the Fair Credit Reporting Act, both the credit bureau and the company that furnished the information must investigate and correct inaccurate items at no cost to you.12Federal Trade Commission. Disputing Errors on Your Credit Reports Dispute with each bureau that shows the error, attach copies of your supporting documents, and keep records of everything you send.
A federal rule that would have removed medical debts from credit reports was vacated by a federal court in July 2025, on a finding that the CFPB exceeded its authority under the FCRA.13Consumer Financial Protection Bureau. CFPB Finalizes Rule to Remove Medical Bills from Credit Reports As of early 2026, medical collection accounts can still appear on your credit report, though the FCRA prohibits them from identifying the specific provider or the nature of the services.
When Bankruptcy Stops the Calls
Filing for bankruptcy triggers an automatic stay that immediately halts most collection activity, including lawsuits, garnishments, and creditor calls. Section 362 of the Bankruptcy Code puts the stay in place the moment your petition is filed, and a creditor who keeps collecting can face sanctions.14United States Bankruptcy Court – Central District of California. Automatic Stay, What Is It and Does It Protect a Debtor From All Creditors
The stay is not absolute. Creditors can ask the judge to lift it, and some debts survive bankruptcy entirely: child support and alimony, most student loans, certain tax obligations, debts from drunk-driving injuries, and criminal restitution.15United States Bankruptcy Court. Nondischargeable Debt Mortgages survive as liens on the property even when bankruptcy eliminates your personal liability.
Where to File a Complaint
A common wrong turn: the Louisiana Office of Financial Institutions does not regulate debt collectors. The OFI states directly that collection agencies are outside its jurisdiction.16Louisiana Office of Financial Institutions. Collection Agencies It oversees lenders, credit unions, payday lenders, and similar institutions. If your complaint is about a third-party collector, send it elsewhere.
The Consumer Financial Protection Bureau accepts debt collection complaints nationwide and can investigate patterns of abuse. The Louisiana Attorney General’s Office of Consumer Protection investigates consumer complaints and can act against companies engaged in unfair practices. The Federal Trade Commission shares enforcement authority over the FDCPA and takes complaints as well. And if a collector’s conduct caused real harm, a lawsuit under the FDCPA or Article 2315 is worth putting on the table.