New Mexico Report to Creditor by Collection Agency Regarding Judgment Against Debtor

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Multi-State
Control #:
US-01418BG
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Word; 
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No particular language is necessary for this type of report so long as the report clearly conveys the necessary information.

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FAQ

In addition to the federal FDCPA, New Mexico has its own debt collection law, the New Mexico Fair Debt Collection Practices Act (NMFDCPA). This state law essentially mirrors the protections afforded under the federal FDCPA. It is designed to protect consumers from unfair and deceptive debt collection practices.

Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

In New Mexico, the statute of limitations for open accounts is four years, while the statute of limitations for written contracts is six years. In New Mexico, if a creditor can provide a signed credit card agreement, the six year statute of limitations applies.

The Fair Debt Collection Practices Act defines a debt collector as ?any person who uses any instrumentality of interstate commerce or the mails in any business for the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due ...

In New Mexico, the statute of limitations for open accounts is four years, while the statute of limitations for written contracts is six years. In New Mexico, if a creditor can provide a signed credit card agreement, the six year statute of limitations applies.

Credit Reporting However, debt collectors cannot report false information about your debt. If you dispute a debt in writing with a debt collector, that debt collector must tell any credit reporting company that it has reported your debt to that you dispute the debt.

One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.

Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer.

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New Mexico Report to Creditor by Collection Agency Regarding Judgment Against Debtor