New Mexico Agreement and Assignment of Judgment for Collection to Collection Agency

State:
Multi-State
Control #:
US-02705BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

What Is Debt Assignment? The term debt assignment refers to a transfer of debt, and all the associated rights and obligations, from a creditor to a third party. The assignment is a legal transfer to the other party, who then becomes the owner of the debt.

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.

When a creditor or lender no longer wants to be responsible for attempting to collect your debt, they will sell your debt to a third party. When this occurs, a Notice of Assignment (NOA) is sent out to you. This should inform you of who is responsible for collecting the rest of your loan or debt.

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.

If You Owe Money The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly ? preferably before it's sent to a collection agency.

Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.

The notice should be issued by the buyer's solicitor within one month.

The notice of assignment or NOA is a simple letter that the factoring company sends to the debtors. It is used to inform them that the financial rights to invoices issued by the original lender (the factoring client) are sold to and adapted by the factoring company.

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New Mexico Agreement and Assignment of Judgment for Collection to Collection Agency