Indiana residents are protected by the federal Fair Debt Collection Practices Act and by Indiana’s Deceptive Consumer Sales Act (IC § 24-5-0.5) and Debt Management Services law (Ind. Code § 24-5-15-1 et seq.). Indiana’s statute of limitations is notably longer than most states—written contracts have a 10-year limit—meaning older debts may still be legally collectible in Indiana. This makes understanding your rights especially important. Under federal law, you can recover actual damages plus $1,000 for FDCPA violations. Under Indiana law, you can recover actual damages plus $500 per violation plus attorney fees. The Indiana Attorney General’s Consumer Protection Division actively enforces both federal and state law. Knowing Indiana’s unique 10-year limitation period is critical when evaluating old debts.
Federal Law: The FDCPA
The Fair Debt Collection Practices Act prohibits third-party debt collectors from using abusive, unfair, and deceptive practices to collect debts. Collectors cannot call before 8 a.m. or after 9 p.m. in your time zone, cannot contact your workplace if your employer forbids it, and cannot threaten legal action they don’t intend to take. Within 30 days of first contact, you have the absolute right to request debt validation. The collector must then provide documentation proving the debt is valid before continuing collection efforts under 15 U.S.C. § 1692g.
The FDCPA also prohibits collectors from contacting third parties about your debt (except to locate you), from using threats or harassment, and from contacting you after you’ve sent a cease and desist letter. Any violation of the FDCPA can result in a lawsuit where you recover actual damages plus $1,000 in statutory damages and attorney fees. Class actions against collectors are also possible. The FDCPA provides one year from the date of violation to file suit.
Indiana-Specific Debt Collection Protections
| Statute | Applies To | State Agency | Remedies | Key Difference |
|---|---|---|---|---|
| Ind. Code § 24-5-15-1 et seq. | Third-party debt management collectors | Indiana Attorney General, Consumer Protection Division | FDCPA violations + state enforcement | Licensing and conduct rules for debt management services |
| Ind. Code § 24-5-0.5 (Deceptive Consumer Sales Act) | Original creditors and collectors | Indiana Attorney General, Consumer Protection Division | Actual damages + $500 per violation + attorney fees | Covers deceptive collection practices by creditors themselves |
Indiana law requires debt management services to be properly licensed and regulated. The Indiana Attorney General’s Consumer Protection Division enforces both federal and state law. Original creditors can be pursued under the Deceptive Consumer Sales Act, giving Indiana consumers multiple avenues for recovery. The AG’s office actively investigates complaints of deceptive collection practices, unfair debt collection, and unlicensed debt management services.
What Debt Collectors Cannot Do in Indiana
Under Indiana law and the FDCPA, debt collectors must follow strict rules or face liability. Collectors cannot call repeatedly with intent to harass, cannot use obscene language or threats, and cannot claim to be attorneys or government officials. They cannot contact you at your workplace if your employer forbids it, and they cannot contact you before 8 a.m. or after 9 p.m. Indiana time.
Key prohibitions under Indiana law include:
- Misrepresenting the nature, amount, or legal status of the debt
- Collecting on a debt you’ve disputed in writing unless they prove it’s valid
- Collecting on a debt that has been paid or discharged
- Threatening wage garnishment, asset seizure, or arrest without proper court authority
- Adding unauthorized interest, fees, or charges to the debt
- Continuing contact after you’ve sent a cease and desist letter
- Calling your employer or telling your employer about the debt (except to locate you)
- Using automated calls or texts without your prior written consent
- Engaging in unfair or deceptive practices under the Deceptive Consumer Sales Act
- Operating a debt management service without proper licensing
- Collecting on time-barred debts (though collectors often attempt this)
Your Right to Request Debt Validation
Within 30 days of a debt collector’s first contact with you, you have the right to request validation of the debt. Send a written demand via certified mail stating: “I dispute this debt and request validation in accordance with 15 U.S.C. § 1692g.” The collector must respond with documentation proving the debt is yours, stating the amount owed, and identifying the original creditor.
This is one of your strongest protections under federal law and costs nothing to exercise. If the collector cannot validate the debt, they cannot legally continue collection efforts. Keep copies of your validation demand and the collector’s response. If the collector continues calling or attempting to collect after failing to validate the debt, you have a legal claim for FDCPA violation and can sue for damages.
How to Stop Collection Calls: Cease and Desist
If a collector is harassing you with repeated calls or threatening language, you have the right to demand that all communication stop. Send a cease and desist letter via certified mail stating that you are requesting all contact cease immediately. Under 15 U.S.C. § 1692c(c), once the collector receives this letter, they must stop calling and writing—with narrow exceptions for confirming receipt or notifying you of a lawsuit.
A cease and desist letter does not eliminate the underlying debt, but it stops all harassment and collection calls. Send it via certified mail with return receipt so you have proof the collector received it. If the collector continues contacting you after receiving your cease and desist letter, you can sue them for willful FDCPA violations and recover $1,000 in statutory damages plus your attorney fees, even if you ultimately owe the debt.
Statute of Limitations on Debt in Indiana
| Debt Type | Statute of Limitations | Citation |
|---|---|---|
| Written Contract (loans, credit cards) | 10 years | Ind. Code § 34-11-2-1 |
| Credit Card Debt (open account) | 6 years | Ind. Code § 34-11-2-3 |
| Oral Contract | 6 years | Ind. Code § 34-11-2-2 |
Indiana has one of the longest statute of limitations periods in the country for written contracts: 10 years from the date of default or last payment. This means that debts you thought were old may still be legally collectible in Indiana. Credit card debt, treated as an open account, has a 6-year limitation period. Once the applicable statute of limitations expires, the debt becomes time-barred and the collector can no longer sue you to enforce it—though they can still attempt to collect through calls and letters.
Be aware that the 10-year period for written contracts is significantly longer than most states. Before assuming a debt is uncollectible, calculate the date carefully. If you make a payment or acknowledge the debt in writing, the statute of limitations may restart. If sued on a debt that is time-barred, assert this as an affirmative defense in your court response.
Real Situations in Indiana
Case 1: Indianapolis Medical Debt and 10-Year Statute
Robert in Indianapolis received a collection lawsuit for a medical bill from 2015 (now 11 years old). The debt was past the 10-year statute of limitations under Ind. Code § 34-11-2-1 for written contracts. However, Robert had received earlier collection letters and had responded admitting he remembered the debt. The collector argued that Robert’s written acknowledgment restarted the statute of limitations. Robert consulted with a lawyer and filed a motion to dismiss arguing that a mere acknowledgment in correspondence does not extend the statute. The court agreed and the case was dismissed.
Case 2: Fort Wayne Cease and Desist Violation
Jennifer in Fort Wayne received collection calls every day from a debt collector, even after sending a cease and desist letter via certified mail. She documented 15 calls after the collector received her letter. Jennifer hired an attorney and sued under the FDCPA for willful violation of the cease and desist requirement. The collector settled the case for $3,000, acknowledging that continuing contact after receiving a cease and desist letter violated federal law.
Case 3: Evansville Deceptive Collection Practices
David received a collection letter from an original creditor (a medical clinic in Evansville) that falsely claimed David had agreed to a specific payment plan that he had never actually agreed to. David reported this to the Indiana Attorney General’s Consumer Protection Division as a violation of the Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5). The AG’s office investigated and found the clinic was using deceptive collection letters to pressure people into paying. The AG negotiated a settlement requiring the clinic to change its collection practices and to pay restitution to affected consumers.
Common Mistakes Indiana Debtors Make
Mistake 1: Assuming Old Debts Are Uncollectible Without Checking Indiana’s 10-Year Rule. Indiana’s 10-year statute of limitations on written contracts is one of the longest in the country. A debt from 2015 or 2016 may still be legally collectible. Before ignoring a debt or assuming it’s time-barred, calculate the date carefully. Credit card debts have a 6-year period, but written contracts are 10 years. Verify which type of debt you owe.
Mistake 2: Acknowledging Debts in Writing and Restarting the Statute of Limitations. A written acknowledgment of a debt can restart the statute of limitations period in Indiana. Before responding to a collection letter admitting you owe the debt, consult a lawyer to understand whether this will restart the limitations period. Even a casual email saying “Yes, I owe this” can have legal consequences.
Mistake 3: Not Sending a Cease and Desist Letter When Harassed. If a collector is calling multiple times per day, using threatening language, or contacting you at work, you have the right to demand all contact stop by sending a cease and desist letter. Many Indiana debtors endure months of harassment without knowing they can legally demand the calls stop with a single letter sent certified mail.
How to File a Complaint or Lawsuit
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File a complaint with the Indiana Attorney General’s Consumer Protection Division. Visit ag.in.gov/consumer and file a detailed complaint describing the collector’s conduct, including dates of calls, false statements, and specific FDCPA or state law violations.
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Send a cease and desist letter. If you are being harassed, send a written demand via certified mail that all contact stop. Reference 15 U.S.C. § 1692c(c) and keep proof of delivery.
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Request debt validation. Within 30 days of first contact, send a written validation demand via certified mail. Keep copies of your demand and the collector’s response (or failure to respond).
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File a lawsuit in Indiana District or Superior Court. Sue the collector for FDCPA violations (actual damages + $1,000 + attorney fees) and for violations of the Deceptive Consumer Sales Act (actual damages + $500 per violation + attorney fees). Many consumer attorneys handle these cases on contingency.
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Consider consulting a consumer rights attorney. Many Indiana attorneys handle FDCPA and state consumer protection cases without requiring an upfront fee. An attorney can review your specific situation and advise whether the statute of limitations is a defense, whether validation has been properly provided, and what remedies are available.
Related Guides
- Credit & Debt Rights Guide — complete hub for FDCPA, credit disputes, and debt defense
- Indiana Small Claims Court — how to sue a debt collector for violations in Indiana
- Indiana Wage Theft Laws — if wage garnishment is being used to collect a debt
- Debt Collector Cease & Desist Letter Template — free template with step-by-step instructions
Disclaimer: This article provides educational information about Indiana debt collection laws as of March 2026 and should not be construed as legal advice. Consult an Indiana consumer rights attorney for advice specific to your situation.