How to respond when a debt collector contacts you in New Mexico
When a debt collector contacts a consumer, federal law generally requires the collector to provide certain information about the debt and gives the consumer a chance to dispute it. Under federal rules, a consumer can request verification of the debt within a set time period, and the collector must stop certain collection activities while it verifies the debt. New Mexico also regulates who counts as a collection agency for state enforcement and licensing purposes. Communicating in writing to request verification or to ask the collector to stop contacting you are common steps people take.
Current New Mexico law
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The deadline that matters
30 days to send a written dispute or request for verification under 15 U.S.C. § 1692g
What New Mexico law says
Federal law requires a debt collector to provide key information in an initial notice and gives consumers a right to dispute and request verification under 15 U.S.C. § 1692g. If the consumer sends a written dispute or requests the original creditor's name within the thirty-day period, the collector must cease collection of the disputed amount until verification or a copy of a judgment is mailed to the consumer. Other federal rules limit certain collection practices, such as improper communication about location information and unfair or unconscionable means of collection, under 15 U.S.C. § 1692b and 15 U.S.C. § 1692f. Where multiple debts exist, a collector generally may not apply a payment to a debt the consumer has disputed, and should follow the consumer's directions, under 15 U.S.C. § 1692h. New Mexico's Collection Agency Regulatory Act defines who is a "collection agency" for state licensing and regulation purposes, under N.M. Stat. Ann. § 61-18A-2.
What to do
A common first step is to keep a record of the collector's calls, dates, times, and what was said.
A common next step is to send a written debt-validation letter within thirty days asking the collector to verify the debt and provide the original creditor's name.
A common option is to send a written cease-communication letter asking the collector to stop contacting you by phone or mail.
A common step is to review any verification the collector provides and compare it to your own records.
A common further step is to consider reporting potential violations to state regulators or federal agencies if the collector engages in prohibited practices.
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Common questions
What should a debt collector include in the first notice?
Federal law generally requires the initial notice to state the amount of the debt, the name of the creditor, and to inform the consumer that they have thirty days to dispute the debt in writing and request verification, under 15 U.S.C. § 1692g.
If I dispute the debt in writing, must the collector stop contacting me?
If you send a written dispute or request for the original creditor's name within thirty days, the debt collector generally must cease collection of the disputed amount until it obtains and mails verification or a copy of a judgment, under 15 U.S.C. § 1692g.
Can a collector contact other people about me to find me?
A collector may contact third parties to obtain location information but must follow limits, such as identifying themselves and not discussing the debt, under 15 U.S.C. § 1692b.
Who regulates collection agencies in New Mexico?
New Mexico defines and regulates collection agencies for licensing and enforcement in the Collection Agency Regulatory Act, under N.M. Stat. Ann. § 61-18A-2.
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This page provides legal information about general legal rules, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
