The Fair Debt Collection Practices Act (FDCPA) is a powerful law against abusive debt collectors. You can turn your debt collector into a debtor if you experience any form of harassment or inappropriate practices when collecting from you.
As reported by ABC News, this is exactly what happened to a woman, Jessica Burke, whose used car payment was late and was hounded by an unscrupulous collector.
The collector used a false name, called her “Porky Pig” and a “200-pound slob,” and pretended as her father before a cellphone company to get her personal data. She sued the collector and was awarded $33,000 in total damages.
New Mexico FDCPA
New Mexico implements the federal FDCPA through its 2006 New Mexico Statutes, which it also refers to as the Collection Agency Regulatory Act. Its provisions are in support of the FDCPA and are implemented state wide.
It is basically a licensing law that requires collecting agencies to acquire a license to be able to collect debts. With the number of scams that proliferate today, it is important to verify the debt collector’s license to make sure he is legitimate.
As a consumer in New Mexico, you are protected not only by the local collection laws of the state but also by the FDCPA. The types of protection you have under this Act include, among others, the following:
- Be informed by the debt collector about your rights;
- Provision of 30 days to dispute and validate alleged debt;
- May not be threatened with criminal or legal action;
- Upon your request, you may not be contacted at work; and,
- Upon due notice of having an attorney, collector may no longer contact you.
Should a debt collector violate the FDCPA, you may sue him for damages. Such legal procedure will require the help of a New Mexico FDCPA attorney who can initiate the claim on your behalf.
It would also be to your advantage to learn what the statute of limitation of your debt is. In New Mexico, consumer debts like promissory notes, credit card debts and written and orally contracted debts have a limitation of 4 years.
Beyond this time, your creditor may no longer sue you, though it does not eliminate the debt. You still have the moral obligation of paying it. You can have an FDCPA attorney in New Mexico make the necessary arrangements with the creditor for a more convenient payment schedule.
Get Advice from a New Mexico FDCPA Attorney
The case of Jessica Burke is far from isolated. While there are collecting agencies that conduct their business professionally, many are unbelievably cruel, insulting and very abusive.
Some examples of such debt collectors threatened digging the dead, killing the pet, getting the custody of a child and even killing the debtor. This is quite unacceptable and should you come across these types of debt collectors, you must immediately contact a New Mexico FDCPA attorney to help you bring these devious collectors to justice.
Since New Mexico is a one party consent state, you can record your phone conversation with abusive and annoying debt collectors without his consent. You may use this as evidence in your claim against him under the FDCPA. If awarded with monetary damages, you can indeed turn your debt collector to debtor.
As a resident of populated Albuquerque or the tiny city of Pie Town, you are protected by both the federal FDCPA and the collection laws of New Mexico. You need only to ask for assistance from a New Mexico FDCPA attorney to help you with a legal claim.
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Ask for Free Evaluation
If a debt collector has become abusive in his acts towards you, you need to get your circumstances reviewed immediately since you only have a year to file a case against unscrupulous debt collectors from the time the conduct was committed.
Have your situation reviewed now through a Free Evaluation and a New Mexico FDCPA attorney can be connected to you at your request.