Dealing With Debt Collectors in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated August 13, 2026
This page covers your rights when a debt collector contacts you in North Dakota. On top of the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. 1692), North Dakota sets its own statute of limitations on debt under N.D.C.C. 28-01-16: a single six-year period to sue on most contracts, obligations, and open accounts. North Dakota also requires collection agencies to be licensed by the state Department of Financial Institutions under N.D.C.C. chapter 13-05, and deceptive collection conduct can violate the state's Unlawful Sales or Advertising Practices law, N.D.C.C. chapter 51-15. State wage garnishment is capped under N.D.C.C. chapter 32-09.1, with additional protection for dependents and exempt property under N.D.C.C. chapter 28-22.
What is the statute of limitations on debt in North Dakota?
In North Dakota, a creditor generally has six years to sue on a contract, obligation, or liability under N.D.C.C. 28-01-16(1). This single period covers written contracts, oral contracts, promissory notes, and open accounts such as credit cards. Once six years run, the debt is time-barred and a court can dismiss a suit if you raise the defense.
Can a debt collector garnish my wages in North Dakota?
Yes, but only after a court judgment and within limits. Under N.D.C.C. 32-09.1-03, garnishment cannot exceed the lesser of 25 percent of your disposable weekly earnings or the amount above 40 times the federal minimum wage. The garnishable amount is further reduced by 20 dollars for each dependent family member living with you.
How do I stop a debt collector from contacting me in North Dakota?
Send the collector a written cease-communication letter. Under 15 U.S.C. 1692c(c), once it receives your letter it must stop contacting you, except to confirm it is stopping or to say it may pursue a specific remedy like a lawsuit. Keep proof of mailing. This does not erase the debt.
What can a debt collector not do to me in North Dakota?
A collector cannot harass you, threaten violence, or lie about the debt under the FDCPA (15 U.S.C. 1692d, 1692e). In North Dakota, collection agencies must also be licensed by the Department of Financial Institutions under N.D.C.C. 13-05, and deceptive practices can violate the state's Unlawful Sales or Advertising Practices law (N.D.C.C. 51-15).
How North Dakota regulates debt collectors
North Dakota layers meaningful state protections on top of the federal FDCPA. Unlike many states, North Dakota requires third-party collection agencies to be licensed: under N.D.C.C. 13-05-02, any person who engages in debt collection with a debtor residing in North Dakota must hold a collection agency license issued by the North Dakota Department of Financial Institutions (DFI), and licensees must maintain a surety bond and minimum net worth. That means you can and should verify whether a collector chasing you is actually licensed. Deceptive or fraudulent collection conduct can also be pursued as an unlawful practice under North Dakota's Unlawful Sales or Advertising Practices law, N.D.C.C. chapter 51-15, which the Attorney General enforces and which allows the state to seek injunctions and restitution. On the collection side, North Dakota permits post-judgment wage garnishment but caps it under N.D.C.C. 32-09.1-03 at the lesser of 25 percent of disposable earnings or the amount above 40 times the federal minimum wage, and it reduces the garnishable amount by 20 dollars per dependent family member living with the debtor. North Dakota also exempts a range of property from execution under N.D.C.C. chapter 28-22, including a homestead. One quirk worth knowing: the North Dakota Attorney General's Consumer Protection Division generally does not take complaints against debt collectors and directs consumers to the federal CFPB, while agency licensing complaints go to the DFI at 701-328-9933.
Relevant Laws
North Dakota Statute of Limitations, N.D.C.C. 28-01-16
Sets the time to sue on a debt in North Dakota. Subsection 1 gives six years for an action upon a contract, obligation, or liability, express or implied. This single period covers written contracts, oral contracts, promissory notes, and open accounts such as credit cards, subject to the special rules in N.D.C.C. 28-01-15 and the UCC.
North Dakota Collection Agencies, N.D.C.C. chapter 13-05
Requires third-party collection agencies to be licensed by the North Dakota Department of Financial Institutions. Under 13-05-02, any person who engages in debt collection with a North Dakota debtor must hold a license, and licensees must maintain a surety bond and minimum net worth. Deceptive collection can also be pursued under the Unlawful Sales or Advertising Practices law, N.D.C.C. 51-15.
North Dakota Wage Garnishment and Exemptions, N.D.C.C. 32-09.1 and 28-22
Section 32-09.1-03 caps garnishment of disposable weekly earnings at the lesser of 25 percent or the amount above 40 times the federal minimum wage, reduced by 20 dollars per dependent family member living with the debtor. Chapter 28-22 exempts a homestead and other property from execution, and Social Security and veterans' benefits are protected.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p
The core federal statute governing third-party debt collectors. It bars harassment (1692d), false or misleading representations (1692e), and unfair practices (1692f), restricts contact (1692c), and creates the 30-day debt validation right (1692g). It applies in North Dakota alongside state law.
Regional Variances
North Dakota statute of limitations by debt type
Written contract (6 years)
Under N.D.C.C. 28-01-16(1), an action upon a contract, obligation, or liability, express or implied, must be commenced within six years after the claim for relief accrues. Signed loan and installment agreements fall under this six-year period. North Dakota does not use a longer separate period for written instruments the way some states do.
Open account / credit card (6 years)
North Dakota does not split open accounts into a shorter period. Credit card and open-account debts are treated as contracts or implied liabilities under N.D.C.C. 28-01-16(1) and carry the same six-year limitation. This is favorable to consumers relative to states that treat open accounts under a shorter oral-contract clock.
Oral contract (6 years)
An oral or unwritten promise to pay is a contract, obligation, or liability implied within the meaning of N.D.C.C. 28-01-16(1), so the same six-year period applies. North Dakota groups written and oral contracts together under one limitation subsection rather than treating oral debts under a shorter period.
Promissory note (6 years)
A promissory note is a written obligation and generally falls under the six-year period of N.D.C.C. 28-01-16(1). Negotiable instruments can also be subject to separate UCC timing rules under N.D.C.C. Title 41; an attorney can confirm which period applies to a specific note.
Suggested Compliance Checklist
Read the collector's validation notice and calendar the 30-day deadline
Within 5 days of first contact days after startingConfirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute under 15 U.S.C. 1692g.
Check the North Dakota statute of limitations and the collector's license
Before paying, settling, or promising anything days after startingCompare the age of the debt against the six-year period in N.D.C.C. 28-01-16(1). If six years have run, the debt is time-barred, and a payment or new written promise could restart the clock. Also verify with the North Dakota DFI that the collection agency is licensed under N.D.C.C. 13-05.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing.
File a complaint with the CFPB or the North Dakota DFI
Within 1 year of any FDCPA violation days after startingBecause the North Dakota Attorney General generally does not take debt-collector complaints, report abusive collection to the CFPB at consumerfinance.gov/complaint, and report a licensing problem to the North Dakota Department of Financial Institutions at 701-328-9933. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Read the collector's validation notice and calendar the 30-day deadline | Confirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute under 15 U.S.C. 1692g. | - | Within 5 days of first contact |
| Check the North Dakota statute of limitations and the collector's license | Compare the age of the debt against the six-year period in N.D.C.C. 28-01-16(1). If six years have run, the debt is time-barred, and a payment or new written promise could restart the clock. Also verify with the North Dakota DFI that the collection agency is licensed under N.D.C.C. 13-05. | - | Before paying, settling, or promising anything |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| File a complaint with the CFPB or the North Dakota DFI | Because the North Dakota Attorney General generally does not take debt-collector complaints, report abusive collection to the CFPB at consumerfinance.gov/complaint, and report a licensing problem to the North Dakota Department of Financial Institutions at 701-328-9933. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Credit card debt in North Dakota generally falls under the six-year period in N.D.C.C. 28-01-16(1), which covers actions on a contract, obligation, or liability, whether express or implied. North Dakota does not split written and open accounts into different periods the way some states do, so most credit card claims must be brought within six years. Once that period runs, you can raise the statute of limitations to defeat a suit.
Yes. North Dakota is a licensing state. Under N.D.C.C. 13-05-02, any person or entity that engages in debt collection with a debtor residing in North Dakota must hold a collection agency license from the North Dakota Department of Financial Institutions, and must maintain a surety bond and minimum net worth. You can ask the DFI to verify whether a collector contacting you is licensed.
Under N.D.C.C. 32-09.1-03, a creditor with a judgment can garnish no more than the lesser of 25 percent of your disposable weekly earnings or the amount by which those earnings exceed 40 times the federal minimum hourly wage. The garnishable amount is reduced by 20 dollars for each dependent family member living with you, if you file a signed list of dependents with your employer.
Generally no. The North Dakota Attorney General's Consumer Protection Division states that it cannot take a complaint about a debt collector and directs consumers to the federal Consumer Financial Protection Bureau at consumerfinance.gov. For problems tied to a collection agency's state license, you can instead contact the North Dakota Department of Financial Institutions, which licenses collection agencies under N.D.C.C. 13-05.
North Dakota does not have a standalone statute that mirrors the FDCPA point for point. The federal FDCPA (15 U.S.C. 1692) is the main tool, but North Dakota licenses and regulates collection agencies under N.D.C.C. chapter 13-05, and deceptive or fraudulent collection conduct can be challenged under the Unlawful Sales or Advertising Practices law, N.D.C.C. chapter 51-15, enforced by the Attorney General.
Other North Dakota guides
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