Collectors in Louisiana play rough. Baton Rouge, New Orleans, and Shreveport residents know this firsthand. Between hurricane damage debts, medical bills from inadequate insurance, and credit cards maxed during emergencies, Louisiana families face constant pressure. Some collectors follow rules. Most push boundaries. A few ignore laws completely.
Understanding what’s legal versus what isn’t gives you power.
Louisiana’s Unique Legal Landscape
Unlike many states, Louisiana operates under a civil law system rooted in the Napoleonic Code rather than English common law. This affects how courts interpret consumer protection statutes. The Louisiana Unfair Trade Practices and Consumer Protection Law provides broad protections against deceptive business practices, including abusive collection tactics.
Federal protection still applies through the Fair Debt Collection Practices Act, which regulates third-party collectors nationwide. This includes agencies operating in Lafayette, Lake Charles, and Kenner. Third-party collectors are companies hired to collect debts for others, not the original creditor.
Louisiana law adds state-level protections beyond federal minimums. According to Federal Trade Commission reports, Louisiana consumers file thousands of complaints annually about collector misconduct. Many violations go unreported because people don’t realize they have legal recourse.
Agencies must register with the Louisiana Office of Financial Institutions. Registration requirements ensure only legitimate operators work in the state. Violations can result in license suspension or revocation, though enforcement varies.
Tactics That Cross Legal Lines
Federal standards establish clear boundaries. Collectors cannot call before 8 AM or after 9 PM unless you agree otherwise. They cannot contact you at work if they know your employer prohibits it. Cannot use profane language or threats that might be perceived as violent.
They cannot repeatedly call with apparent intent to harass.
- Cannot publish lists of consumers who allegedly refuse to pay debts.
- Cannot fail to identify themselves properly when calling.
- Cannot claim to be attorneys if they’re not.
- Cannot misrepresent the amount you owe or the legal status of the debt.
Consumer debt is civil, not criminal. Threats of arrest generally violate federal law since you can’t be jailed for owing credit cards or medical bills. Companies like Performant Financial Corp and Allied Interstate must follow these rules whether they’re calling you in Metairie, Houma, or Alexandria.
One Slidell woman received 23 calls in one day. Another in Monroe had collectors call his supervisor directly to discuss the debt. A Bossier City resident was told she’d be “picked up by police” if she didn’t pay immediately. If you believe similar things are happening to you, documentation becomes crucial evidence.
Demand Proof Before Paying Anything
This right alone stops countless bogus collections. Within five days of initial contact, collectors must send written validation notice. This should state the amount claimed, identify the original creditor, and explain your dispute rights.
You get 30 days to dispute in writing. Send your dispute certified mail with return receipt—keep that receipt as proof of delivery. Once they receive it, all collection activity must freeze until they verify.
What counts as adequate proof? Real documentation showing you actually incurred this debt. Account statements with your name. Signed agreements or contracts. If they bought the debt from another company, documentation proving the chain of ownership.
According to National Consumer Law Center standards, vague computer printouts don’t satisfy verification requirements. Many collectors can’t provide legitimate proof. Records get lost when debts are sold multiple times. Files are incomplete. They’re hoping you’ll pay without asking questions.
One New Orleans woman disputed a $4,100 debt she didn’t recognize. The collector never responded with verification. Under federal law, they had to stop contacting her and couldn’t report it on her credit. Another in Lafayette disputed what appeared to be the same debt from three different collectors. Only one provided verification. The other two vanished.
Make them prove it. Don’t pay based on phone calls or letters alone.
Three Years Changes Everything in Louisiana
Louisiana’s prescriptive period (similar to the statute of limitations in other states) for most open accounts is three years. This includes credit cards, personal loans, and most consumer debts. The clock typically starts from your last payment or acknowledgment of the debt.
After three years pass, the debt becomes prescribed. Collectors generally can’t win in court even if they sue. They can still attempt collection through calls and letters, but lawsuits become unenforceable if you raise prescription as a defense.
Here’s where people trap themselves: making even a tiny payment interrupts the prescription. Acknowledging you owe the debt in certain ways can restart the clock. If someone contacts you about a debt from 2019 or earlier, extreme caution is warranted.
- Don’t confirm ownership.
- ss=”font-claude-response-body whitespace-normal break-words”>Don’t make payments.
- Don’t sign anything.
Get legal advice first. One New Iberia man made a $25 payment on a four-year-old debt, thinking he was being responsible. That payment interrupted the prescriptive period, giving collectors three more years to sue him.
If they sue anyway on what you believe is prescribed debt, you must raise this defense in your court answer. Louisiana courts won’t automatically dismiss. You have to assert a prescription properly through the correct legal procedures.
Court Response Demands Immediate Action
Louisiana typically gives you 15 days to respond to a petition (lawsuit). This is shorter than most states. Miss that deadline? Default judgment. Then they potentially can garnish wages, freeze bank accounts, and seize property.
Your answer must respond to each allegation. Admit, deny, or state you lack knowledge. This is technical pleading governed by the Louisiana Code of Civil Procedure. Format matters. Procedure matters. Small mistakes can cost you winnable cases.
Potential defenses include:
- Prescription (statute of limitations) has run
- The debt was already paid
- Amount claimed is incorrect
- Identity theft occurred
- The collector lacks proper documentation
- The original agreement doesn’t support their claims
City courts in Louisiana handle debts up to $50,000 in most parishes. District courts handle larger amounts. Each court has different rules. Parish courts differ slightly in their local procedures.
We’ve seen Thibodaux and Ruston residents lose cases they could have won because they filed wrong forms or missed technical requirements. One Shreveport woman had receipts proving she’d paid a debt in full. She brought them to court. But she hadn’t properly pleaded payment as an affirmative defense in her answer, so the judge couldn’t consider her evidence. She lost a case she should have won.
Legal representation matters. Most consumer attorneys work on contingency—you pay nothing unless they recover compensation for you.
Wage Garnishment Has Federal Limits
Federal law caps wage garnishment at 25% of disposable earnings, or the amount your weekly wages exceed 30 times the federal minimum wage—whichever is less. Louisiana follows these federal limits.
Certain income types are completely protected from garnishment for consumer debts:
- Social Security benefits
- Supplemental Security Income (SSI)
- Veterans benefits
- Unemployment compensation
- Workers’ compensation
- Most pension benefits
Even with a judgment, collectors can’t touch protected income. If Social Security is your only income source, you might be “judgment proof.” They can win in court, but can’t actually collect anything from you.
Louisiana also exempts certain property from seizure. Personal property up to $7,500. Tools you need for work. One vehicle up to a certain value. Household furnishings. Family portraits and personal effects.
These exemptions ensure you’re not left destitute. However, you must claim them actively. Exemptions don’t apply automatically. File the correct paperwork. Assert your rights. Don’t assume courts will protect you without action on your part.
One Opelousas nurse qualified for head-of-household exemptions. Her entire paycheck became protected even though collectors had a judgment. They couldn’t garnish a single dollar.
Seven Years of Credit Damage
Collection accounts destroy credit scores immediately. They remain on your report for seven years from when you first fell behind with the original creditor. Paying the collection doesn’t remove it from your report.
The Fair Credit Reporting Act requires accuracy. Wrong amount? Dispute it. Not your debt? Dispute it. Already paid? Dispute it. Same debt listed multiple times? Dispute all duplicates.
File disputes with all three bureaus—Equifax, Experian, and TransUnion. They have 30 days to investigate. If they can’t verify the information, they must remove it from your report.
One Hammond woman had a $3,200 medical collection on her credit. She’d never lived at the address where bills were allegedly sent. She disputed it with all three bureaus. The hospital couldn’t verify proper billing and notification procedures. Removed from all three reports.
Another in Natchitoches had the same $950 debt reported by four different collection agencies. All four appeared on his credit report, making it look like he owed $3,800 instead of $950. We disputed all four entries. Three couldn’t verify—they’d sold the debt and lacked documentation. Three removed.
Your credit affects everything in Louisiana. Apartment applications in the French Quarter. Car loans in Acadiana. Job applications anywhere. Don’t let collectors trash it with false information.
Automated Calls Need Your Permission
The Telephone Consumer Protection Act restricts robocalls. Collectors using autodialers or prerecorded messages need your prior express consent before calling your cell phone.
Having your number on a credit application from five years ago doesn’t count as ongoing consent for automated calls. You can revoke consent anytime. Tell them clearly: “Do not call me using automated dialing systems.” Document when you said it.
Every robocall after revocation is potentially worth $500 to $1,500 in statutory damages. One Lake Charles resident documented 31 robocalls over three weeks after revoking consent. That’s potentially $46,500 in damages. The case settled for a substantial amount.
Another in Lafayette received robocalls at 6:45 AM every morning for two weeks. She worked night shifts at a hospital. These calls woke her during her sleep time. After she revoked consent for automated calls and they continued, she had documented TCPA violations.
- Your phone records prove the calls occurred.
- Your testimony establishes they were automated or prerecorded.
- Your documented revocation of consent makes each subsequent call a violation.
The math becomes simple.
How The Wood Law Firm Protects Louisiana Consumers
At The Wood Law Firm, our mission centers on protecting consumers from predatory practices and ensuring they receive fair treatment. We specialize in cases involving the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA).
For over a decade, we’ve fought to hold companies accountable and secure justice for clients. We understand the stress that comes with facing unfair consumer practices. Our team stands by your side throughout the entire process.
Attorney Jeff Wood’s Background
Jeff Wood is an accomplished attorney based in Arkansas with over 15 years of consumer protection experience. His focus on FDCPA, FCRA, and TCPA cases has made him a trusted advocate.
Though licensed in Arkansas, his federal court admissions span multiple jurisdictions. He’s admitted to practice in all federal courts in Arkansas, Colorado, New Mexico, Texas, the Southern District of Indiana, the Eastern District of Michigan, the Eastern District of Missouri, the Western District of Tennessee, and the Western District of Wisconsin.
Nationwide Legal Network
The Wood Law Firm has cultivated strong Of Counsel relationships with attorneys licensed in Arizona, California, Florida, Louisiana, Minnesota, Missouri, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas (state courts), Washington, and West Virginia.
Our Louisiana Of Counsel relationships mean we can provide representation throughout the state. This network enables comprehensive legal services for consumers in Monroe, Slidell, and every parish.
No Upfront Fees
We handle cases on contingency. You pay nothing up front. Zero dollars. If we win, the collector may be required to pay your attorney fees on top of any damages you receive. Federal law requires this fee-shifting in successful consumer protection cases.
This structure ensures everyone can access quality representation regardless of financial situation. You can fight back without worrying about legal bills. Learn about our consumer protection philosophy and full range of services.
Real Results for Louisiana Families
“They called my job at the hospital in Baton Rouge 15 times in two days. My supervisor pulled me aside and said it had to stop. The Wood Law Firm documented every call after I told the collector that workplace calls were prohibited. We settled for $4,200.” – Michelle R., Baton Rouge
“A collector reported a $6,300 debt on my credit for something I’d paid in full two years earlier. I had bank statements proving payment. I disputed it four times. Nothing changed. The Wood Law Firm sued under FCRA. They removed it and paid $3,100 in damages.” – James K., New Orleans
“Robocalls woke me at 7 AM for three straight weeks. I work nights in the oilfield. And need sleep during the day. I told them to stop using automated systems. They didn’t. The Wood Law Firm filed a TCPA claim. We settled based on 21 documented violations.” – Robert M., Shreveport
“They told me I’d be ‘arrested and jailed’ if I didn’t pay $800 immediately. I’m 68 years old. I was terrified. The Wood Law Firm explained that arrest threats violate federal law. I received $1,000 in statutory damages, plus they paid my attorney fees.” – Dorothy L., Lafayette
Take Action Right Now
Stop accepting abuse. Federal law and Louisiana law both protect you. Use those protections.
Document everything starting immediately. Every call—note date, time, who called, what they said. Save every letter. Every voicemail. Every text message. This evidence builds your case.
Dispute debts you don’t recognize right away. Write that letter today. Send it certified mail. Give them 30 days to prove it’s legitimate or stop contacting you.
Check your credit reports now. You’re entitled to free copies annually from each bureau. Look for errors. Wrong amounts. Debts that aren’t yours. Duplicate entries. Dispute everything inaccurate.
Facing a lawsuit? Don’t panic, but don’t delay. Louisiana gives you only 15 days to respond in many cases. Get help now, not on day 14.
Stop talking to collectors directly. Everything you say can potentially be used against you. Let an attorney handle all communication going forward.
Call The Wood Law Firm at +1 844-638-1122 immediately. Free consultation. We’ll review the harassment, credit reporting issues, and any lawsuits. We’ll explain your options clearly in language you understand.
We respond within 15 minutes. When collectors are calling fifteen times daily, you need help now, not next week. Check our privacy policy to see how we protect your information.
Common Questions Louisiana Residents Ask
Can collectors really take my wages in Louisiana?
Only after obtaining a court judgment against you. Even then, federal law limits garnishment to 25% of disposable income or the amount exceeding 30 times minimum wage, whichever is less. Social Security and similar benefits are generally protected completely.
They’re calling my sister about my debt. Is this legal?
Generally no. Collectors can contact third parties only to locate you—not to discuss the debt itself. Repeatedly calling your sister or disclosing debt details to her may violate federal law. Document these calls carefully.
What if this debt is from 2018? Can they still sue me?
Louisiana’s three-year prescriptive period likely makes that debt prescribed. They probably can’t win in court if you properly raise prescription as a defense. But you must assert it in your answer if sued. Courts won’t dismiss automatically.
Should I negotiate directly with the collector?
Get everything in writing first. Specify that payment resolves the entire debt, and they’ll remove credit reporting. Never give direct access to your bank account. Use money orders and keep proof. Better yet, have an attorney negotiate—they typically get better terms.
Can they put a lien on my house in Louisiana?
Not without suing and winning first. Even then, Louisiana’s homestead exemptions may protect you depending on your parish and situation. Most consumer debts can’t easily force home sales. They’d typically have to wait until you sell or refinance.
What happens if I ignore everything?
Ignoring legitimate debts doesn’t make them disappear. If it’s real, they might sue. Ignoring lawsuits guarantees default judgments against you. Better to understand your rights and take appropriate action—whether disputing invalid debts or defending legitimate ones properly.
They said I committed fraud. Will the police contact me?
This sounds like intimidation tactics. Unless you actually committed fraud (different from just not paying), consumer debt is civil, not criminal. Police don’t typically get involved. Document this threat—it may violate federal law.
How long do collections stay on Louisiana credit reports?
Seven years from when you first fell behind with the original creditor. This timeline doesn’t change even if you pay it later or if the debt gets sold. The seven-year clock stays fixed to that original delinquency date.
Do I need an attorney for a small $400 debt?
If the collector violated federal law by collecting that $400, an attorney might recover more in damages than the debt amount. Attorneys often negotiate better settlements, too. Many work on contingency, so cost shouldn’t prevent you from getting advice.
What if I paid something on an old debt last month?
That payment likely interrupted Louisiana’s three-year prescriptive period. The clock resets from your payment date. This is why getting advice before paying off old debts matters. What seemed responsible might have given collectors three more years to sue.
Stop Being a Victim
You’re reading this because collectors have made your life miserable. The constant calls. The threats. The stress. Maybe they’re lying about amounts. Perhaps they’re harassing family members. Maybe they’re destroying your credit with false reporting.
Federal law prohibits this behavior. Louisiana law adds more protections. But they keep doing it because most people suffer silently.
Change that today.
The Wood Law Firm has recovered hundreds of thousands of dollars for consumers facing exactly what you’re experiencing.
- We understand how to stop harassment.
- We know how to make them pay for violations.
- We know how to fix damaged credit and protect your assets.
s=”font-claude-response-body whitespace-normal break-words”>One phone call changes your situation. +1 844-638-1122. Free consultation. No fees unless we win. We respond within 15 minutes because we know you need help immediately.
- Don’t spend another day stressed about calls.
- Do not let them damage your credit with lies.
- Don’t face lawsuits without representation.
- Do not let them take your hard-earned wages without fighting back.
Call now. Let’s make them regret targeting you.
Comparing approaches in Mississippi and Alabama shows how neighboring states handle these issues. Federal law protects you regardless of location. The tactics we use work everywhere.
Your situation matters. Your rights matter. Let’s fight for both.
Call +1 844-638-1122 right now. Free consultation. 15-minute response time. No fees unless we win.
Take control. Fight back. Win.
