If debt collectors, also known as collection agencies, start calling you or already have, we recommend that you get their address and send each a “cease communication” letter. Legal Services for Maine Elders can provide you with a “cease communication” form letter to use.

A “cease communication” letter should be sent to a debt collector via certified mail, return receipt requested, and you should keep a copy of the letter for your records.

Under both federal and state law, debt collectors are prohibited from continuing to seek repayment on a debt once you’ve told them not to contact you again. If a debt collector continues to bother you after you have sent them the “cease communication” letter, you should report them to the Maine Bureau of Consumer Protection by calling 1-800-332-8529, by submitting a complaint using a paper form available on the Bureau’s website, or by submitting an online complaint on the Bureau’s website. However, please be aware that your original creditor may still contact you regarding the outstanding debt.

Do not be surprised if more than one debt collector calls about a debt. Once you send the “cease communication” letter to the first debt collector, it may sell your debt to another debt collector that will start contacting you. Keep sending the letters and remember that you do not need to talk to any debt collector no matter what they tell you.

Debt collectors are extremely skillful at pressuring people to make payments on debts. Debt collectors will say anything to try to get money out of you and may resort to telling lies about the debt collection process and making threats. You may want to screen your calls to avoid answering calls from debt collectors. If you do answer a call from a debt collector, you may state, “I exercise my rights under federal and Maine law and demand that you immediately stop contacting me.” Then, simply hang up the phone. It may feel strange to be so abrupt with a debt collector, but any conversation on your part will encourage the debt collector to continue to try to get repayment from you. Just keep in mind that you are under no legal obligation to speak to any debt collector.

At some point, you will be served with court documents. When you are, please contact our agency immediately for help by calling the Helpline number below. In the meantime, feel free to call the Helpline if you have further questions or if you would like to obtain Legal Services for Maine Elders' “cease communication” form letter.
 

Telling debt collectors to stop contacting you

If debt collectors are calling you and you don’t want to speak to them, you should demand that they stop. Get their address and send each a “cease communication” letter. Legal Services for Maine Elders can provide you with a “cease communication” form letter to use, just call the Helpline at 1-800-750-5353.

A “cease communication” letter should be sent to a debt collector using certified mail, return receipt requested and you should keep a copy of the letter for your own records.

Once they receive your “cease communication” letter, the debt collector may call you to say that there will be no further contact or to tell you that it will be taking a specific action, such as filing a lawsuit. But, they are not allowed to talk to you about your debt. If a debt collector keeps bothering you about your debt after you have sent the “cease communication” letter, they are breaking the law and you should report it to the Maine Bureau of Consumer Credit Protection at 1-800-332-8529. The “cease communication” letter does not cancel the debt and you may still be sued on the debt. Remember, your original creditor may still contact you about the debt.

Do not be surprised if more than one debt collector calls about a debt. Once you send the “cease communication” letter to the first debt collector, your debt will probably be sold to another debt collector who will start contacting you. Just keep sending the letters and remember that you do not need to talk to any debt collector no matter what they tell you.

Debt collectors are very good at pressuring people to make payments on debts. Debt collectors will say anything to try to get money out of you. Some might even break the law and lie to you about the debt collection process or worse, threaten you. You may want to screen your calls to avoid answering calls from debt collectors.

If you do answer a call from a debt collector, say, “I exercise my rights under federal and Maine law and demand that you immediately stop contacting me.” Then, just hang up the phone. It may feel strange to be so abrupt with a debt collector, but anything you say will just encourage them to keep trying to get money from you. Remember, you do not have to speak to any debt collector.

At some point, you will be served with court documents. When you are, call the Legal Services for Maine Elders Helpline immediately at 1-800-750-5353. In the meantime, feel free to call the Helpline if you have further questions or if you would like to obtain Legal Service for Maine Elders' “cease communication” form letter.

The Federal Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair or deceptive practices to collect debts from consumers. The FDCPA only covers personal or household debts, such as money owed on a personal credit card account, a medical bill and an auto loan. Under the law, a debt collector is someone who regularly collects debts owed to others, including collection agencies, lawyers who regularly collect debts, and companies who buy delinquent debts; it does not include original creditors.

The FDCPA prohibits debt collectors from calling you before 8:00 am or after 9:00 pm, unless you agree to receive calls at other times. A debt collector may not contact you at work if you have told the debt collector that you are not allowed to receive phone calls at work. A debt collector may contact third parties, such as relatives and friends, but only to inquire about your contact information such as your address, phone number and place of employment. Generally, a debt collector cannot discuss the debt with any third party or contact a third party more than once.

Debt collectors are not allowed to abuse, harass or lie to consumers when trying to collect a debt. For example, a debt collector cannot threaten you with physical violence or harm, use obscene language, falsely identify themselves as attorneys or government representatives or say that you will be arrested if you do not pay the debt.

The FDCPA provides consumers with the right to send debt collectors a written demand to stop contacting them. This “cease communication” letter should be sent by certified mail, return receipt requested. After a debt collector has received a demand to cease communication, it is not allowed to contact you about the debt again. However, the debt collector may call you to say that there will be no further contact or to inform you that it will be taking a specific action, such as filing a lawsuit. The “cease communication” letter does not cancel the debt and you may still be sued on the debt. Legal Services for Maine Elders can provide you with a “cease communication” form letter you can use to send to debt collectors. If you’re interested in obtaining a “cease communication” form letter or would like advice on a debt collection matter, please contact the Legal Services for Maine Elders Helpline at 1-800-750-5353.

Maine Attorney General’s Consumer Law Guide

The Office of the Maine Attorney General has very helpful information on several consumer topics in its "Consumer Law Guide" online by clicking here.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you are having a problem with a debt collector, or if you have questions about your debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

The Office of the Maine Attorney General
For helpful information on several consumer topics, check out the “Consumer Law Guide” by clicking here.

Maine Bureau of Consumer Credit Protection 
The Bureau of Consumer Credit Protection will receive and investigate complaints about debt collection agencies. To report a debt collection agency that is ignoring your “cease communication” demands, call 1-800-332-8592

Consumer Financial Protection Bureau
The CFPB is a government agency dedicated to helping American consumers. If you are being harassed by a debt collector, you can submit a complaint to the CFPB by filling out the “complaint” forms available on the official CFPB website. For more information, visit the CFPB’s website by clicking here.

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

This section addresses credit card debt.

How to dispute credit card charges

If an error appears on your credit card statement, you need to act fast to fix the mistake. Billing errors include:

1. Charges made by someone who did not have your permission to charge your card;
2. Charges for things or services that you never ordered;
3. Charges for things that you ordered, but that the seller did not deliver in a “timely manner”; and
4. Accounting errors.

If you see an error on your credit card statement, you should write a “dispute letter” to the credit card company. This “dispute letter” should be written on a separate sheet of paper- not the original bill. The letter should include:

1. Your name and address;
2. The account number;
3. The amount, date and creditor information for the charge(s) you are disputing; and
4. The reason why you are disputing the charge.

The letter should be addressed to the credit card company’s “billing error” address. This address is usually different from where you send your payments. You can usually find the “billing error” address on the back of your bill.

You should mail this letter by certified mail, return receipt requested. Keep a copy of the letter for your records. Your credit card company must receive your dispute letter within 60 days from the date when the bill was sent to you.

If the problem is not taken care of within 30 days from when your credit card company receives your dispute letter, your credit card company will let you know if there will be an investigation. You need to keep paying your credit card bill during the dispute process and investigation, but you do not need to pay the amount that is being investigated. If the credit card company’s investigation finds that the charge is correct, you must pay that amount and you may have to pay extra fees.

What to do if you are being sued on your credit card debt

This Guide will give you an idea of what will happen if you are sued for your credit card debt. It provides a brief description of the steps a debtor will face in a typical debt collection case in a Maine court. It covers only debt collection actions for unsecured debt, such as credit card and medical debt.

Click here to get the "Guide to Debt Collection Actions in Maine," or find the Guide in the Quicklinks menu to the left.

If you are being sued on a debt or if you have any questions about a debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Money that is protected from being used for debt repayment

If you are sued on a debt, there are laws that say what can, or cannot be used to pay your debt. Certain income sources and certain equity in property are protected from collection. You need to talk to an attorney to find out if you are protected by these laws. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Tax Issues: 1099-C Form

Form 1099-C is a tax document for the Cancellation of Debt.

If your creditor agrees to cancel or forgive some or all of your debt, the U.S. Internal Revenue Service considers this income. Creditors and debt collectors who agree to accept at least $600 less than the original balance are required to file 1099-C forms with the IRS and to send you a notice of this filing. You must report that portion of forgiven debt as "income" on your federal income tax returns.

If you have received a 1099-C “Cancellation of Debt,” do not ignore it. Take the notice to a tax advisor. Even if you don’t have to pay the tax, you still need to file a form with the IRS.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you are having a hard time managing your credit card debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

This section will talk about medical debt and what to do if you are being sued on your medical debt.

If you have medical debt and believe Medicare or MaineCare should have paid these claims, please call the Legal Services for Maine Elders Helpline at 1-800-750-5353. Legal Services for Maine Elders may be able to advise you on submitting a medical claim to Medicare or MaineCare or help you appeal a denial of a claim.

Getting your medical debt covered by Free Hospital Care

Under Maine law, each hospital in the state must adopt a free care policy. This free care policy is also known as “charity care” or “uncompensated care.” Your unpaid hospital debt could be paid for by free care if you qualify for this assistance.

Unpaid hospital bills may be sent to a debt collector from the hospital for collection. If the debt collector is notified (either verbally, or in writing) by either the hospital, or the person owing the debt (“debtor”), that the debtor qualifies or potentially qualifies for free care, the debt collector may not collect or attempt to collect the outstanding debt from the debtor who qualifies for free care. This rule also applies if the debt collector is notified that the debtor would have qualified for free care, but did not apply for good cause.

If the notification is provided to the debt collector, the debt collector must stop all collection efforts until the hospital has notified the debt collector and the debtor that the debtor doesn’t qualify for free care, and then the debt collector may again attempt to collect the unpaid hospital debt.

To find out if your unpaid hospital debt can be covered by free care, contact the hospital that provided the medical services directly or call Legal Services for Maine Elders at 1-800-750-5353.

What to do if you are being sued on your medical debt

This Guide will give you an idea of what will happen if you are sued for your medical debt. It provides a brief description of the steps a debtor will face in a typical debt collection case in a Maine court. It covers only debt collection actions for unsecured debt, such as credit card and medical debt.

Click here to get the "Guide to Debt Collection Actions in Maine Courts", or find the Guide in the Quicklinks menu to the left.

If you are being sued on a debt or if you have any questions about a debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Money that is protected from being used for debt repayment

If you are sued on a debt, there are laws that say as to what can, or cannot be used to pay your debt. Certain income sources and certain equity in property are protected from collection. You need to talk to an attorney to find out if you are protected by these laws. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Tax Issues- 1099-C Form

Form 1099-C is a tax document for the Cancellation of Debt.

If your creditor agrees to cancel or forgive some or all of your debt, the U.S. Internal Revenue Service considers this income. Creditors and debt collectors who agree to accept at least $600 less than the original balance are required to file 1099-C forms with the IRS and to send you a notice of this filing. You must report that portion of forgiven debt as "income" on your federal income tax returns.

If you have received a 1099-C “Cancellation of Debt,” do not ignore it. Take the notice to a tax advisor. Even if you don’t have to pay the tax, you still need to file a form with the IRS.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you are having a hard time managing your medical debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

This section will talk about student loan debt and what to do if you are being sued on your debt.

Overview

The collection of student loan debt depends on the type of student loan in question: federal or private. The federal government has substantial power to collect student loans, including taking certain federal benefits (including Social Security income), garnishing wages without a court order, and seizing income tax refunds. There is a limit to the amount of amount of Social Security income that can be garnished by the federal government. There is no time limit on the collection of federal student loans. 

Private student loans are subject to state collection laws that apply to other unsecured debt, such as credit card and medical debt. Collection of private student loan debt is subject to a statute of limitations and a private lender or debt collector cannot take the borrower’s Social Security benefits.

If you have any questions about student loan debt, or are having trouble paying your student loans, please call the Legal Services for Maine Elders Helpline at 1-800-750-5353.

What to do if you are being sued on your student loan debt

Click here to get the "Guide to Debt Collection Actions in Maine Courts", or find the Guide in the Quicklinks menu to the left.

This Guide will give you an idea of what will happen if you are sued for your student loan debt. It provides a brief description of the steps a debtor will face in a typical debt collection case in a Maine court. It covers only debt collection actions for unsecured debt, such as credit card and medical debt.

If you are being sued on a debt or if you have any questions about a debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you are having a hard time managing your student lean debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Federal Student Aid Ombudsman Group of the U.S. Department of Education 
The Ombudsman Group is dedicated to helping resolve disputes related to Direct Loans, Federal Family Education Loan (FFEL) Program loans, Guaranteed Student Loans, and Perkins Loans. For more information, visit the Ombudsman Group’s website by clicking here.

National Consumer Law Center’s Student Loan Borrower Assistance Project
The Student Loan Borrower Assistance Project is a helpful resource for borrowers and their families, and advocates representing student loan borrowers. For more information, visit the Project’s website by clicking here.

Maine Bureau of Consumer Protection’s “Downeaster Common Sense Guide to Student Loans”
The Downeaster Common Sense Guide to Student Loans has helpful information about student loan debt. To get the guide (.pdf) from the Maine Bureau of Consumer Protection, click here.

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

If you are behind on your vehicle payments, you might be at risk of losing your vehicle. In some situations, you can lose your vehicle and still be sued. This section will give you information about the vehicle repossession process.

Overview

If you are behind on your vehicle payments, your creditor has the right to repossess the vehicle. This means the creditor can take the vehicle away from you. A “voluntary repossession” is when you choose to give the vehicle back to your creditor. An “involuntary repossession” is when the finance company or creditor takes the vehicle from you.

Repossession of the vehicle may not take care of all the debt you owe to the creditor. Sometimes, creditors sell the repossessed vehicles at auctions. If the vehicle is sold for less than the amount you owe on the loan, you will have to pay the difference. The creditor will give you a “deficiency balance.” The “deficiency balance” is the amount you still owe after the money from the sale is applied to your total loan balance plus reasonable repossession fees. If you don’t pay it, you may be sued on a “deficiency balance.” If you have questions about vehicle repossessions, please call the Legal Services for Maine Elders Helpline at 1-800-750-5353.

What to do if you are being sued on your debt

This Guide will give you an idea of what will happen if you are sued for your debt. It provides a brief description of the steps a debtor will face in a typical debt collection case in a Maine court. It covers only debt collection actions for unsecured debt, such as credit card and medical debt.

Click here to get the "Guide to Debt Collection Actions in Maine Courts ", or find the Guide in the Quicklinks menu to the left.

If you are being sued on a debt or if you have any questions about a debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Money that is protected from being used for debt repayment

If you are sued on a debt, there are laws that say what can, or cannot be used to pay your debt. Certain income sources and certain equity in property are protected from collection. You need to talk to an attorney to find out if you are protected by these laws. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you have a debt problem, or if you have questions about your debt, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

The Office of the Maine Attorney General
For helpful information on several consumer topics, check out the “Consumer Law Guide” by clicking here.

Maine Bureau of Consumer Credit Protection
If you want to get answers to general debt questions, or to file a complaint, call the Maine Bureau of Consumer Credit Protection at 1-800-332-8529; TTY for hearing impaired at 1-888-577-6690; or visit the Bureau’s website by clicking here.

If you can’t afford the money you owe money in taxes, either federal or state, there are places you can go to get help. In addition to the resources listed below, you may want to make sure that you are not “leaving money on the table” when you file your taxes. Check out the Pine Tree Legal Assistance Benefit Checklist for a list of Tax Credits & Benefits by clicking here.

Resources

IRS Resources for Taxpayers in Maine
If you have a tax problem, you can contact the IRS directly to talk about your options.
To find the local IRS office closest to you, click here.

Pine Tree Legal Assistance’s Low Income Taxpayer Clinic
Pine Tree Legal Assistance provides a taxpayer clinic for low income individuals. If you qualify, their services are free. For more information about this taxpayer clinic, click here.

Maine Revenue Services
You might be able to get free help from a taxpayer advocate. A taxpayer advocate can help you talk to the IRS and can help you figure out the best plan for your situation. For more information on how to contact a taxpayer advocate in the State of Maine, click here to visit the IRS’s website on taxpayer advocate services.

AARP’s Tax Aide Location
Find tax assistance in your area with the AARP Foundation Tax-Aide locator by clicking here.

The National Center on Law and Elder Rights and the National Consumer Law Center have published tax tips for older adults. 

Savvy, crooked lenders are ready to pounce on the unsuspecting borrower. These lenders may try to sell you a loan with inflated interest rates and fees.  This is called “predatory lending.”

Some signs of predatory lending

• Excessive fees;
• Very high prepayment penalties;
• A kickback to the broker who sells you the loan;
• New loans which generate fees that get you further in debt;
• Unnecessary products and add-ons;
• Mandatory arbitration clause in the contract;
• Not getting the best loan terms despite having a good credit score; and
• “Balloon” payments: low monthly payments with a large payment at the end of the loan period.

Examples of common predatory lending

• High cost, small loans, such as:
• Credit cards
• Pay day loans – you write a check to the lender for the amount you borrowed plus a fee
• Auto title loans
• Tax refund anticipation loans
• Rent to own agreements

What you can do if you think you are a victim of predatory lending

You can change your mind at any time before you sign a contract. Also be aware that the Truth in Lending Act allows you to change your mind within three (3) days of signing a contract that uses your home as security. You need to write a letter to your lender telling them that you are exercising your rights under the Truth in Lending Act. Send this request by certified mail to the lender, and keep a copy for your records.

If you think you have become the victim of predatory lending, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

How to avoid becoming a victim of predatory lending

• Know your credit score and check you credit report annually. A good credit rating may qualify you for a better interest rate. Check your credit score for free by clicking here.
• Talk to your local bank to check lending rates.
• Don’t take the first loan you are offered.  Shop around.
• Ask questions.
• If you don’t understand the loan terms, talk to a lawyer, or get someone you trust to look at the documents with you.
• Be suspicious of ads promising “No Credit? No Problem!” If it sounds too good to be true, it probably is.
• Ignore high-pressure sales tactics, and don’t jump into a deal that sounds good without taking the time to check it out first.
• Remember that a low monthly payment isn’t always a “deal.” Look at the total cost of the loan.
• Be wary of promises to refinance the loan to a better rate in the future.
• Never sign a blank document or anything the lender promises to fill in later.
• Be suspicious of a lender who solicits you. Most reputable mortgage companies and lenders don’t “cold-call.”

Resources

Legal Services for Maine Elders 

If you think you have become a victim of predatory lending and you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Annual Credit Reports
To request a free copy of your credit report, visit the Annual Credit Report website by clicking here.

Maine law protects certain income sources and certain property from creditors. Before you decide that bankruptcy is your only way out of a debt problem, please call the Legal Services for Maine Elders Helpline at 1-800-750-5353.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you have questions about bankruptcy, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Department of Housing and Urban Development
Click here to view a list of HUD approved credit counseling agencies in Maine.

United States Bankruptcy Court for the District of Maine
To get answers to frequently asked questions about bankruptcy, visit the website for the Bankruptcy Court for the District of Maine by clicking here.

Pine Tree Legal Assistance
For more information about bankruptcy in Maine, visit the PTLA website by clicking here.

If you apply for a loan or credit of any type, the bank or business will check your credit report before they give you the loan or credit card. Your credit report tells them about your financial history. It is also possible that an employer or housing provider will check your credit report if you apply for a job or housing. Because of this, it is important that you check your credit report regularly to make sure that it is accurate.

How do I get my credit report?

Under the Maine Fair Credit Reporting Act, you can get one free copy of your credit report every twelve (12) months from each of the three major credit reporting agencies: Equifax, Experian and TransUnion. You could choose to ask for a report from each agency at different times during the year, or you could ask for them all at the same time. To obtain your free credit report, visit www.annualcreditreport.com or call 1-877-322-8228.

What if there are mistakes on my credit report?

If any of the information on your report is wrong, circle the error(s) on the report and then write a letter telling the reporting agency that you disagree with the circled information. Mail the report and letter to the credit reporting agency. Keep a copy of your letter for your own records. Under the Maine Fair Credit Reporting Act, the credit reporting agencies must do an investigation into the disputed information within twenty-one (21) days of receiving your letter. If the credit reporting agency cannot prove that the circled information is correct, it must remove it from your credit report.

The Maine Bureau of Consumer Credit Protection enforces Maine credit laws. Maine residents may contact the Bureau’s Consumer Line at 1-800-DEBT LAW (1-800-332-8529).

Resources

Annual Credit Reports
To request a free copy of your credit report, visit the Annual Credit Report website by clicking here or call 1-877-322-8228.

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you would like to get a printed copy of a credit report request form or if you have questions about your credit report, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

The Office of the Maine Attorney General
For helpful information on several consumer topics, check out the “Consumer Law Guide” by clicking here.

Maine Bureau of Consumer Credit Protection 
The Maine Bureau of Consumer Credit Protection enforces Maine credit laws and Maine residents may contact the Bureau’s Consumer Line at 1-800-DEBT LAW (1-800-332-8529).

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

In today’s world it seems that there is a solicitation or shady deal around every corner. Not only do you have to be worried that someone is going to steal your money, but you also need to protect your identity from being stolen. It is hard to know who to trust. This section will give you some information on organizations and services that can help.

Maine Department of Professional and Financial Regulation

If you would like to check out an offer that sounds too good to be true, or if you want to know if a charity is legitimate, call the Maine Department of Professional and Financial Regulation at 1-877-624-8551.

The Federal Trade Commission

The Federal Trade Commission (FTC) provides free consumer guides to help individuals recover from identity theft. You can get this guide by calling the Identity Theft Hotline at 1-877-438-4338 or clicking here to get the guide online.

The Federal Trade Commission (FTC) recommends that you contact the fraud departments of each of the three major credit reporting bureaus if someone has stolen your identity. The numbers for the fraud divisions appear below:

1. Equifax 1-800-525-6285 or visit the Equifax website by clicking here.
2. Experian 1-888-397-3742 or visit the Experian website by clicking here.
3. TransUnion 1-800-680-7289 or visit the TransUnion website by clicking here.

A copy of your credit report can be obtained free of charge once every 12 months by calling 1-877-322-8228 or online at www.annualcreditreport.com

If you believe you are the victim of identity theft, you should also file a police report with the local law enforcement agency. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you believe you are a victim of identity theft, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free. 

National Do Not Call Registry
Get on the National Do Not Call Registry to stop getting calls from telemarketers. Get on the Registry by clicking here for their website.

Annual Credit Reports
To request a free copy of your credit report, visit the Annual Credit Report website by clicking here.

The Office of the Maine Attorney General
For helpful information on several consumer topics, check out the “Consumer Law Guide” by clicking here.

Federal Trade Commission 
The FTC is a government agency that protects American consumers. For more information about your rights with regard to debt collection, visit the FTC’s website by clicking here.

American Bar Association
The American Bar Association produced a pamphlet of helpful information about identity theft. Get the pamphlet (.pdf) from the American Bar Association by clicking here.

If your creditor sues you on your debt and the court decides that you must repay that money, the creditor has a few options to collect on that debt. One way is to place a lien on your property. If the creditor does this, it means that the creditor is claiming that they have a right to a certain amount of value in that property which will be collected when the property is sold. This section will talk about certain property that is protected from creditor liens.

Property that is protected from creditor liens

If you are sued for a debt, the “equity” in property you own may be protected from the creditor or judgment creditor.

The “equity” in your home is the value of the home minus the balance due on the mortgage or home equity loan.

The “equity” in your vehicle is the value of the vehicle minus the balance due on the vehicle loan.

Maine law allows persons age 60 and older to have up to $160,000 of equity in their primary residence. Debtors of any age are entitled to have up to $10,000 of equity in one vehicle. To find out if your assets are protected or if you need help getting a lien removed from your property, please call the Legal Services for Maine Elders Helpline at 1-800-750-5353.

Resources

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you have a problem with a creditor lien, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Pine Tree Legal Assistance
Visit the Pine Tree Legal Assistance’s website to find out more information on creditor liens by clicking here.

The Maine district courts have jurisdiction over small claims cases in which the plaintiff is seeking a money judgment of $6,000 or less. A small claim can also be brought to recover specific goods or to have defective goods repaired.

Small claims court is designed to be user-friendly and is less formal than regular district court. Most parties in small claims court are not represented by an attorney. You can obtain the court forms you’ll need to bring a small claim at your local district court or on the Maine Judicial Branch’s website. The Maine Judicial Branch publishes a comprehensive Guide to Small Claims which is also available at the district courts and online here: Small Claims: State of Maine Judicial Branch.

If you have questions about the small claims court forms or the small claims court process, please contact the Legal Services for Maine Elders Helpline at 1-800-750-5353.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you have a debt problem, or if you have questions about your debt, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to speak to an attorney for free.

Maine Judicial Branch
Check out the State of Maine Judicial Branch’s step-by-step guide on how to bring a small claims action on your own. Get the guide by clicking here.