Sued by Wells Fargo in New Hampshire? Here's What to Do Next

2022 · consent order

$3.7B total ($2B+ consumer redress + $1.7B CFPB civil money penalty)

CFPB consent order finding Wells Fargo violated consumer protection laws across auto lending, mortgage servicing, and deposit accounts, including misapplying auto loan payments, wrongfully repossessing vehicles, failing to refund unearned fees on debt cancellation products, incorrectly denying mortgage modifications, and improperly freezing customer deposit accounts and charging surprise overdraft fees.

CFPB source

Statute of Limitations Defense

In New Hampshire, the statute of limitations for credit card debt is 3 years. If your last payment was more than 3 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

New Hampshire Wage Garnishment Exemptions

50x federal minimum wage is exempt from garnishment per week.

New Hampshire Consumer Protection Act (RSA 358-A)

In addition to the federal FDCPA, New Hampshire's New Hampshire Consumer Protection Act (RSA 358-A) may provide additional protections and remedies against Wells Fargo's collection practices.

New Hampshire Court System

Small claims limit $10,000. Circuit court handles civil cases. Filing fees in New Hampshire typically range $50-$250.

Can Wells Fargo sue me for credit card debt?

Yes. Wells Fargo actively sues for unpaid credit card and loan balances through outside collection law firms.

What about the Wells Fargo fake accounts scandal?

If Wells Fargo opened an account in your name without authorization and is now collecting on it, you have strong defenses. The CFPB ordered Wells Fargo to pay billions in penalties for this practice.

How do I verify the Wells Fargo debt is legitimate?

Request complete account statements from the date of account opening through the current balance. Verify you actually opened the account and that all charges are yours.

Can I negotiate with Wells Fargo?

Wells Fargo may be open to settlement negotiations, especially after you file your Answer. Having active defenses gives you significant negotiating leverage.

How long to respond in New Hampshire?

30 days from service.

What is the SOL in New Hampshire?

3 years for all contract types.

Can wages be garnished?

Yes, but 50x minimum wage per week is exempt.

Where are cases filed?

Circuit court handles most civil debt cases.

Can a credit-card or medical debt collector garnish my wages in New Hampshire?

In most cases no. New Hampshire is unusual in that ordinary judgment creditors, including credit-card collectors, debt buyers, and medical-debt collectors, cannot garnish wages to enforce a civil money judgment. Wage attachment is available only in narrow categories such as child support, certain tax debts, and a few specific statutory situations. That means even if a debt buyer obtains a judgment against you, the typical enforcement tools are limited to bank account attachment, property liens, and post-judgment discovery. This is one of the most consumer-friendly garnishment regimes in the country and changes the negotiating leverage significantly. Collectors know that without wage garnishment, recovery is much slower and harder, which often opens the door to lower settlement amounts. If a collector tells you they will garnish your New Hampshire wages on a credit-card or medical debt, that statement is likely misleading and may violate the FDCPA and RSA 358-C. Document the threat in writing.

How long does a creditor have to sue me on a debt in New Hampshire?

The general statute of limitations in New Hampshire is three years on most personal actions (RSA 508:4), which courts have applied to many consumer-debt claims. For sales of goods governed by the Uniform Commercial Code, the limit is four years (RSA 382-A:2-725), which often applies to credit-card and store-card debts depending on how the case is pled. The clock typically begins running from the date of last payment or default. Once the limitation period has run, the debt is time-barred and you have a complete defense, but you must affirmatively raise it in your answer. A time-barred debt is still a debt the collector can ask you to pay, but suing on or threatening suit on a time-barred debt violates the FDCPA and likely RSA 358-C. If you are unsure of dates, request validation under FDCPA 15 U.S.C. § 1692g and pull your credit reports to identify the original charge-off date. Be careful with partial payments and written admissions, which may restart the period.

What does RSA 358-C cover that the federal FDCPA does not?

RSA 358-C is New Hampshire's state debt collection statute. It mirrors much of the federal FDCPA but in some respects reaches further. The federal FDCPA generally only applies to third-party collectors and debt buyers, while RSA 358-C is written more broadly and has been applied in situations involving creditors directly collecting their own debts and other actors that are outside the federal definition. RSA 358-C creates a private right of action for unfair, deceptive, or unreasonable collection practices, with actual damages plus attorney fees. Layering RSA 358-C against the collector with RSA 358-A claims against the underlying business and FDCPA claims against the debt buyer can substantially increase the settlement value of a case. The New Hampshire Consumer Protection and Antitrust Bureau within the Department of Justice also enforces these statutes and accepts written complaints. Even when the federal FDCPA does not apply, you may still have meaningful state-law claims.

What is the New Hampshire Consumer Protection Act (RSA 358-A) and how do treble damages work?

RSA 358-A, the New Hampshire Consumer Protection Act, prohibits unfair or deceptive acts or practices in trade or commerce. It provides a private right of action allowing consumers to recover actual damages, costs, and attorney fees. Critically, if the court finds the violation was willful or knowing, damages are doubled or trebled. The minimum award is $1,000 per violation. The combination of mandatory fee shifting and enhanced damages gives RSA 358-A real teeth and creates settlement leverage that the federal FDCPA alone does not. Practical examples include collection conduct involving false statements about the amount owed, threats of legal action the collector did not intend to take, contacting third parties about the debt, harassing telephone calls, and continued collection after receiving a written dispute without proper validation. New Hampshire courts have applied RSA 358-A to a wide range of business practices, and even an honest mistake by a business does not avoid liability if the conduct was misleading.

I received a collection lawsuit in New Hampshire District Division. What do I do first?

Open the papers immediately and note the response deadline. In the District Division of the Circuit Court you typically must file an appearance and answer within 30 days of service. If you do not respond, the court can enter a default judgment for the full amount claimed plus costs and interest. First, verify service was proper. Second, check the statute of limitations against the date of last payment shown on your credit report. Third, look at the standing of the plaintiff: if a debt buyer is suing, demand the complete chain of assignments, the original signed agreement, and itemized statements showing how the balance was calculated. Fourth, raise FDCPA and RSA 358-C counterclaims if the collector engaged in misleading conduct. Fifth, raise RSA 358-A as appropriate. Always file your appearance and answer on time; a default judgment is much harder to undo than a case defended on the merits.