Louisiana  

Property Records Civil Court Records Criminal Court Records Collection Agency Laws & Licensing Requirements Before conducting collection business in the State of Louisiana a collection agency must comply with licensing requirements which are set forth in the Louisiana Collection Agency Regulation Act. (R.S. 9:3576.1 et. seq.) The State of Louisiana generally adopts the Federal Fair Debt Collection Practices Act as a standard for allowable 3rd party debt collection practices. An applicant must be 18 years of age and of good character and reputation to be eligible for a collection agency license. To be approved the applicant must have never been convicted of any crime which may impose a penalty of imprisonment at hard labor, and have not had a prior collection agency license revoked. A surety bond in the sum of $10,000 is required, and a license fee. Licensing information and an application may be obtained from: Office of Financial Institutions State of Louisiana P. O. Box 94095 Baton Rouge Louisiana 70804-9095 P8660 United Plaza Blvd. Baton Rouge Louisiana 70809-7024 Tel: (225) 925-4660 Fax: (225) 925-4548  Email: ofila@ofi.state.la.us Listing Of All Louisiana Licensed Collection Agencies Filing a complaint outside the Baton Rouge area but within Louisiana, call toll free 1-888-525-9414. In the Baton Rouge area, call 922-2591 Email: ofiland@ofi.state.la.us An Online Complaint Form Is Available In Acrobat Reader PDF format Part XVIII Of The Collection Agency Regulation Act Is Available In Acrobat Reader PDF format Bad Check Laws: After 30 day written demand (certified or registered). Double Damages allowed 2 times the amount of the check. Seek Attorney Fees and Court Costs when filed. The Louisiana Check Cashing Law Is Available In Acrobat Reader PDF format Louisiana Bad Check Laws and Information Louisiana's Laws The Constitution, Codes, and Revised Statutes Searchable & Online Listing Of All Louisiana Banks: A-C  D-P  Q-Z  Savings Banks Listing Of Louisiana Banks With Web Sites Listing Of All Louisiana Credit Unions: A-L M-Z Listing Of All Louisiana Thrifts: A-Z Listing Of All Louisiana Check Cashers Listing Of All Louisiana Active Licensed Lenders: A-B  C-F  G-N  O-S  T-Z Listing Of All Louisiana Authorized Credit Repair Businesses Listing Of All Louisiana Active Consumer Credit Sales Type Businesses: A-C  D-I  J-M  N-R  S-Z Listing Of All Louisiana Licensed Pawnbrokers Listing Of All Louisiana Active Mortgage Lenders: Acting Residential Lenders:  A-F  G-N  O-Z Active Originators: A-F  G-M  N-Z LOUISIANA CONSUMER CREDIT LAW Louisiana Clerks of Court For The whole State Related Web Sites Parish Notaries List of All Boards & Commissions   List of Bankruptcy Courts and Exemption Information Interest Rate(s): Legal 6.73% - Judgment 6.73% Debt Collection Statute of Limitations: Open Accounts: 3 years (C.C. 3494) Action on negotiable instruments & on promissory notes: 5 years (C.C. 3498) Written Contract: 10 years Domestic Judgment: 10 years Foreign Judgment: 10 years Other personal actions not otherwise enumerated by statute: 10 years (C. C. 3497.1) Garnishment & General Exemptions: Exempts 75% of disposable earnings per work week, from Garnishment or an amount equal to not less than 30 times federal minimum hourly wage, whichever is greater. Summary: Collection Agency Bond is Required Some License and registration to solicit or collect. Exemption for out of state collectors (license is required only if a collection agency has a client located in Louisiana or is licensed as a foreign corporation to do business in louisiana). More Debt Collection Related Laws & Information: LOUISIANA ATTORNEY GENERAL & DEBT COLLECTORS Attorney General Office Helps Consumers With Debt Collection Violations In Many Cases Online Attorney General Consumer Complaint Form Louisiana State Attorney Bar Locate an Attorney who practices in Louisiana, State laws, and Links Federal Laws: Louisiana Collection Agencies Must Follow the Federal Fair Debt Collection Practices Act The Federal Debt Collection Law is enforced by The Federal Trade Commission Other Credit and Collection Links The major laws that govern financial institutions and protect individuals in their financial dealings are: Consumer Credit Protection Act It is the purpose of this title to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Truth in Lending Act Consumer Credit Costs Disclosures, requires a lender to tell you how much it will cost to borrow money so that you can compare the terms of credit offered by different lenders. Fair Credit and Charge Card Disclosure Act requires a lender offering you a credit card to tell you the annual percentage rate (APR), the amount of any annual fee, and whether you have a grace period to pay your bill before a finance charge is added. Fair Credit Reporting Act controls how your credit history (how you pay your bills) is kept by credit bureaus and used by lenders. Equal Credit Opportunity Act prohibits lenders from discriminating against you in a credit transaction on the basis of certain personal characteristics such as race, color, religion, national origin, sex, marital status, age, because you receive public assistance or because you’ve exercised your rights under the Consumer Credit Protection Act. Fair Debt Collection Practices Act lays out the rules a debt collector must follow when trying to collect a debt from a consumer. Home Equity Loan Consumer Protection Act requires a lender to give you complete information about the home equity loan plan it offers—first when you receive an application and again before you first use the line of credit. The Home Ownership and Equity Protection Act requires disclosures and imposes substantive limitations on mortgage transactions having rates or fees above a certain percentage or amount. It also requires disclosures about the potential costs for reverse mortgages. Fair Housing Act prohibits lenders from discriminating against you in real estate mortgage or home improvement loans on the basis of race, color, religion, national origin, sex, familial status, or handicap. Real Estate Settlement Procedures Act states that lenders must give purchasers information about the costs required to close a mortgage loan. It also protects consumers from unnecessarily high real estate settlement costs by prohibiting certain business practices. This applies when you take out or refinance a loan secured by real estate such as a mortgage loan or a home equity loan. Fair Credit Billing Act requires that a lender promptly correct a mistake on your credit card bill. Expedited Funds Availability Act limits how long a bank may delay your use of the funds you deposit in an account. Truth in Savings Act requires lenders to disclose the terms of their deposit accounts in a uniform way. Electronic Fund Transfer Act limits an individual’s liability if their ATM card is lost or stolen and calls for investigation and correction of errors made to your account. Consumer Leasing Act requires the costs and the terms of a consumer lease, such as a lease for a car or for furniture, be outlined to you so that you can compare the cost of leasing. Credit and Collection Links Comptroller of the Currency Office of the Ombudsman Customer Assistance Unit 1301 McKinney Street Suite 3710 Houston, TX 77010 1 (800) 613-6743 (regulates banks with national in the name or N.A. after the name) Federal Deposit Insurance Corporation Compliance and Consumer Affairs 550 17th Street, N.W. Washington, DC 20429 (202) 942-3100 or 1 (800) 934-3342     (regulates state chartered banks that are not members of the Federal Reserve System) Office of Thrift Supervision Consumer Programs 1700 G Street, N.W. Washington, DC 20552 (202) 906-6237 or 1 (800) 842-6929 (regulates federal savings and loans and federal savings banks) National Credit Union Administration Office of Public and Congressional Affairs 1775 Duke Street Alexandria, VA 22314-3428 (703) 518-6330 (regulates federally chartered credit unions) Federal Trade Commission Consumer Response Center 6th and Pennsylvania, N.W. Washington, DC 20580 877-FTC-HELP – toll free (877-382-4357) (regulates finance companies, stores, auto dealers, mortgage companies, and credit bureaus) More Credit and Collection Links LawDog State Credit and Collection Laws Laws about, Autos, Checks, Credit, Courts, Judgments, Secured Debts, UCC, Credit Terms and Use, Bankruptcy Courts, Collections and State Agencies/Organizations. Open Directory Project Links Yahoo Search Consumer Rights & Protections THIS IS FOR MY PERSONAL INFORMATIONAL PURPOSES ONLY. The information here may not be complete and it is not to be construed as legal advise or opinion. This Is Not A Complete List Of All The Laws Relating To These Subjects. The information provided is not to be considered legal advice, Always discuss matters relating to such and seek advise from your legal advisor or a legal professional. 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