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The FDCPA prohibits debt collectors from using abusive and harassing tactics, contacting consumers outside specific hours, and disclosing certain information about the debt upon request. New Mexico's NMFDCPA provides similar protections, including remedies for FDCPA violations, such as damages and attorney's fees.
Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage. There's no guarantee your request will be accepted, but there's no harm in asking. A record of on-time payments since the debt was paid will help your case.
NMSA 1978 §37-1-1 et seq. governs New Mexico's statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In New Mexico, the statute of limitations for open accounts is four years, while the statute of limitations for written contracts is six years.
A judgment obtained through a common law action on a prior judgment or through any other means of revival of a prior judgment shall not be enforceable after fourteen years from the date of the original judgment upon which it is founded.
In the new changes to Regulation F, the frequency at which a collections agency can contact a consumer has changed. This change, presented in Section 1006.14B21A, addresses telephone call frequency and restricts agencies to contacting a consumer seven times within seven consecutive days.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
The collection or charge off is supposed to be removed after seven years, and so are judgments. If you have a legal judgment against you that is related to the debt, it is likely dated much later than the original debt.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.