Are you being called by Automated Recovery Services of New Mexico, Inc.?* Here's what you need to know.
If you are so deep in debt that your credit cards, student loans, and mortgage payments have gone into arrears, sooner or later debt collectors will start to call and demand that you pay all outstanding balances. Don’t let them bully you into unsupportable payment arrangements: you have the right to tell them to stop contacting you and sue them if they refuse.
Your Rights Under the FDCPA
Prior to 1977 consumers were declaring bankruptcy simply to escape collector harassment. Congress finally passed the Fair Debt Collection Practices Act, or FDCPA, which made it illegal for a collection agency to use methods like the following to collect or attempt to collect a debt.
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
- Telling you that you will be arrested if you don’t pay
- Telling you that by failing to pay the debt, you have committed a crime and will be arrested
- Ignoring a written request to cease contact
- Reporting inaccurate information to the credit bureaus
- Use profane or obscene language
Company Profile: Automated Recovery Services of New Mexico, Inc.
If you are being called by Automated Recovery Services of New Mexico, Inc., information about the company is below.
Automated Recovery Services of New Mexico, Inc., is a debt collection company located in Farmington, New Mexico. It was established in 1995, has less than 10 people on staff, and is managed by its President, Brian Myers. Legal records on file at the PACER (Public Access to Court Electronic Records) website indicate that many consumers who felt that they were being harassed by Automated Recovery Services of New Mexico, Inc. hired their own attorneys to help them fight back.
Alleged Violations against Automated Recovery Services of New Mexico, Inc.
Katherina Mendenhall vs. Automated Recovery Services of New Mexico, Inc. et al*
According to PACER, in September 2012 Automated Recovery Services of New Mexico, Inc. sent a collection letter to New Mexico resident Katherina Mendenhall, although she had informed the agency’s client that she had retained counsel regarding this credit card debt. The letter also allegedly failed to advise her of her dispute rights.
Feeling harassed by Automated Recovery Services of New Mexico, Inc., Ms. Mendenhall hired a consumer attorney and sued the company for allegedly violating the FDCPA in the following ways:
- Failing to properly inform her of her dispute rights
- Contacting her directly when she was represented by counsel
The matter was later settled.
Hire an Attorney
The phone number for this debt collection agency is 1-505-325-3777. If you it on your caller ID when the phone rings, it means that you are being called by Automated Recovery Services of New Mexico, Inc.. If they mislead you about your dispute rights and contact you even after you have retained counsel, hire a consumer attorney who can help you pursue the matter in court. If you file a claim against Automated Recovery Services of New Mexico, Inc. and win, you could be awarded $1,000 per FDCPA violation, plus court costs and attorney fees. When a collection agency pushes you too far, a lawsuit can quickly draw them back.
*Case taken from PACER (www.pacer.gov). File number is Case 1:12-cv-01153-LFG-ACTfrom the United States District Court for the District of New Mexico.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Automated Recovery Services of New Mexico, Inc. or any other third-party collection agency, you may not be entitled to any compensation.