No Fresh Start in 2019: How States Still Let Debt Collectors Push Families into Poverty

Millions of families have still not recovered from the Great Recession of 2008, and the astronomic growth of the debt buyer and collection industries makes them increasingly vulnerable to seizure of essential wages and property to pay their oldest debts. NCLC surveys the exemption laws of the 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands. Sadly, not one jurisdiction’s laws meet basic standards so that debtors can continue to work productively to support themselves and their families.

Published: November 12, 2019
©National Consumer Law Center, Inc.

Report
- Report (b/w)
One-Page Overview
Executive Summary
Key Recommendations
State Maps
- State Maps (b/w)
Appendix A (State Protection of Wages)
Appendix B (State Protection for the Family Home)
Appendix C (State Protection of the Family Car)
Appendix D (State Protection of Family Bank Account)
Appendix E (State Protection of Household Goods)
Appendix F (Rating System)
Appendix G (State Summaries)
Press Release
Related
- Model Family Protection Act (model law language)

Overview

States’ outdated exemption laws fuel the lucrative and fast-growing debt buyer industry, pushing families into destitution. By updating their exemption laws, states can prevent debt buyers from reducing families to poverty. These protections also benefit society at large, by keeping workers in the work force, helping families stay together, and reducing the demand on funds for unemployment compensation and social services. Not one jurisdiction’s laws meet basic standards.

Key Recommendations

State exemption laws should be reformed to:

Preserve the debtor’s ability to work by protecting a working car, work tools and equipment, and money for commuting and other daily work expenses.
Protect the family’s housing, necessary household goods, and means of transportation.
Protect a living wage for working debtors that will meet basic needs and maintain a safe, decent standard of living within the community.
Protect at least $3,000 in a bank account so that debtors can pay rent, daycare, and utilities.
Protect retirees from destitution by restricting creditors’ ability to seize retirement funds.
Be automatically updated for inflation.
Close loopholes that enable some lenders (such as payday lenders) to evade exemption laws.
Be self-enforcing to the extent possible so that the debtor does not have to file complicated papers or attend court hearings.

This report builds on NCLC’s advocacy, training, publications, and public policy work on fair debt collection to promote family financial well-being. Learn more

Model Family Financial Protection Act:
NCLC has written model language for states to achieve these goals. The model law also includes
steps that states can take to reduce the pervasive abuse of the court system by debt buyers.

Related Publications

The Debt Machine: How the Collection Industry Hounds Consumers and Overwhelms the Courts (July 2010)
What States Can Do to Help Consumers: Debt Collection, May 2019
State Debt Collection Fact Sheets, 2018
For attorneys: Fair Debt Collection and Collection Actions
For consumers: Surviving Debt (consumer book) and Consumer Debt Advice (free articles)