A debt collector may not shame a consumer into paying their debt by publicizing it.
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The Fair Debt Collection Practices Act (FDCPA) provides federal protections to individuals against abusive debt collection practices. In New Mexico, this act ensures that debt collectors cannot use deceptive tactics, harass you, or threaten legal action improperly. The New Mexico Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment is a vital tool for understanding your rights under this law.
The statute of limitations for debt collection in New Mexico ranges from four to 10 years, depending on the type of debt. If a debt collector is trying to get money from you for unpaid credit card balances, the statute of limitations runs out after four years, for example.
The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.
The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.
The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.
7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.
Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
