Humiliation can be toxic. It’s the kind of emotion that can seep into every part of your life, leaving you feeling distracted and on edge.
Most third-party collectors won’t prey on consumers by exploiting this feeling. Most third-party collectors’ methods will be scrupulous and fair. But some collectors will try to inspire humiliation in the person that they’re collecting from. Perhaps they tried putting your name on a bad debt list. Maybe they’ve tried calling you at work after you’ve asked them not to. They might have even tried to discuss your debt with someone who isn’t authorized to talk about it, like your child.
You have no reason to be humiliated, and they have no reason trying to make you feel this way. Those actions, along with many others, are actually illegal. The Federal Debt Collection Practices Act (FDCPA) is meant to keep third-party collectors from engaging in this kind of behavior. Unfortunately, there will always be people who attempt to ignore the system. Speak up for yourself, and learn how to file a claim under the FDCPA in New Mexico.
New Mexico’s Debt Collection Protections
Even though the FDCPA is a federal law (meaning it extends to all 50 U.S. states), New Mexico has its own unique laws at the state level regarding debt collection. Specifically, the state specifies the statute of limitations for collecting on a debt in specific circumstances.
In New Mexico, a collector has to take action against you within six years after the initial attempt to collect. This statute goes down to four years if it’s regarding the sale of personal property. Broadly speaking, all creditor-debtor transactions have a statute of limitations of four years in New Mexico.
The FDCPA in New Mexico
Depending on the behavior that you want to file suit against, your attorney may want to invoke the protections of the FDCPA. The FDCPA is meant to keep third-party collectors from doing the following.
- Making your phone ring repeatedly
- Taking money out of your bank account
- Threatening legal action that they cannot take
- Sending an envelope that clearly states that a debt collector sent it
If you’ve experienced a different type of aggressive and/or humiliating behavior, it may still be covered under the FDCPA. You can find a longer list of violations in the “Your Rights” tab at the top of this page.
Talk to An Attorney Today
There is no reason that you should feel humiliated over your debt, and third-party collectors have no right to use embarrassing tactics to make you feel that way. They’re wrong to do that--both morally and legally.
Perhaps the most effective way to get them to stop is by filing an FDCPA claim with the help of an attorney. It might seem intimidating to file a claim against the people who have been bothering you, but an attorney will be able to advocate on your behalf and put you in the best position to win your case. Moreover, if you win your claim, you won’t just win an end to the harassment--you could also get $1,000 for each FDCPA violation that your lawyer can prove.