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Debt collection and enforcing a judgment in the US

How creditors recover debts in the US: suing in state court, the FDCPA limits on collectors, enforcement by garnishment and liens, and recognising foreign judgments.

LG
The LawyerGo Team
· 6 min read
Debt collection and enforcing a judgment in the US

US debt recovery is largely a matter of state law, with a federal layer regulating how collectors behave.

The FDCPA

Third-party debt collectors must comply with the federal Fair Debt Collection Practices Act (FDCPA), which restricts how and when consumers can be contacted — getting this wrong creates liability for the creditor’s side.

Suing and judgment

If demand fails, the creditor sues in the appropriate state court; if the debtor does not respond, a default judgment follows.

Enforcement varies by state

With a judgment, enforcement options include wage garnishment, bank levy and judgment liens on property — but the rules vary sharply by state, and some states strongly protect debtors’ wages and homes.

Foreign and out-of-state judgments

There is no treaty for recognising foreign judgments; they are recognised state-by-state, often under a Uniform Recognition Act. Judgments from another US state travel under Full Faith and Credit.

For foreign creditors

A verified US colleague in the right state can sue, obtain judgment, and enforce — or domesticate your foreign judgment.

State rules differ widely — confirm with admitted US counsel in that state.

LG
The LawyerGo Team
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