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New Mexico Collections Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law and Collections for New Mexico on
Q: I currently have a garnishment judgement. Attempted to settle directly but collector denied payment

Attempted 3 times to settle debt directly but all payment has been denied. Request garnishment only.

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry to hear that you're facing this situation. It must be frustrating to have your attempts at settling the debt directly denied. Since the collector insists on garnishment only, it's important to understand your options.

You might consider filing a motion with the...
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1 Answer | Asked in Civil Litigation and Collections for New Mexico on
Q: I’m getting emails from someone claiming to be a debt collector and they refuse to give me any information

They refuse to give me any information and they said I have to pay using a vanilla pre paid card and they only use email to communicate

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

No legitimate debt collector requires you to pay by a pre-paid card. Scammers do that so the payment cannot be traced. Block the sender and ignore any future attempts by these lowlifes.

1 Answer | Asked in Tax Law and Collections for New Mexico on
Q: Can state of NM come after tax debt 10 years later?

My husband use to live in NM and now lives in texas. Last month we received a letter from the state saying they were putting a lien on our house for a $13000 unpaid tax debt from 2013. My husband said he didn't even file taxes that year but the state claims he did and also claims he made a... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you are in a challenging situation with the New Mexico tax authorities. Here are a few key points and suggestions:

1. Statute of limitations: Generally, states have a limited time period to assess and collect taxes, known as the statute of limitations. For New Mexico, the...
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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

1 Answer | Asked in Collections for New Mexico on
Q: What is the statute of limitations on debt collection of a cell phone debt?
T. Augustus Claus
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answered on Jul 27, 2023

In New Mexico, the statute of limitations for debt collection, including cell phone debts, is usually four years.

1 Answer | Asked in Collections for New Mexico on
Q: Can you legally adopt another person's debt and take it with you literally to the grave with zero passdown
T. Augustus Claus
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answered on Jul 6, 2023

You cannot adopt another person's debt and take it on as your own unless you have willingly assumed responsibility for the debt through a legal agreement or contract, such as co-signing a loan. Debts are typically tied to the individual who incurred them, and they are not automatically... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on
Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... View More

David Humphreys
David Humphreys
answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
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1 Answer | Asked in Collections for New Mexico on
Q: If a company won a judgement but they never made contact, can I just ignore?
Arun Arjan Melwani
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Arun Arjan Melwani
answered on Nov 16, 2018

No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the... View More

1 Answer | Asked in Collections for New Mexico on
Q: I just received notice that my wages are going to be garnished for a loan my ex-husband applied for after we were

divorced. Is this legal?

Arun Arjan Melwani
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Arun Arjan Melwani
answered on May 1, 2018

New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the... View More

1 Answer | Asked in Banking, Consumer Law and Collections for New Mexico on
Q: A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee.

A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee. They said I would have to pay 9% and I didn’t understand what I would be paying 9% on. I got approved for my loan but do to me calling BBVA Compass and getting approved with my... View More

David Humphreys
David Humphreys
answered on Apr 2, 2018

it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.

You have a claim for the tort of unreasonable debt collection if they...
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1 Answer | Asked in Collections for New Mexico on
Q: Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?
Arun Arjan Melwani
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Arun Arjan Melwani
answered on Feb 26, 2018

Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4... View More

1 Answer | Asked in Consumer Law and Collections for New Mexico on
Q: How should I respond to a letter from a collection agency regarding a time-barred debt?

The alleged debt is over 14 years old. The letter, and the Fair Debt Collection Practices Act, says I have 30 days to dispute the debt or they will assume it is valid. Most online advice I read tells me, whether I think the debt is valid or not, to send them a letter and ask for more information.... View More

Arun Arjan Melwani
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Arun Arjan Melwani
answered on Feb 9, 2018

You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the... View More

1 Answer | Asked in Small Claims, Collections and Contracts for New Mexico on
Q: Can I get away from this debt?

My parents offered to pay my living expenses, they re-niged on their offer and left me with 17k of debt.

Arun Arjan Melwani
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Arun Arjan Melwani
answered on Jan 30, 2018

Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.

1 Answer | Asked in Collections and Tax Law for New Mexico on
Q: Hello, my federal tax refund was just taken to pay us dptmnt of education for a loan from dec 5,08. Is that legal in NM?

the account went into collections and was opened on dec 5, 2008. it has been over 7 years. Is that llegal for the IRS to take my taxes for this even though its been over 7 years?? They took my taxes last year as well but that was in the 7 year period. Can you please help me out. Thanks.

Marshall Jason Ray
Marshall Jason Ray
answered on May 7, 2016

The following constitutes general information and not legal advice specific to your situation. The collection options available with respect to federal student loans and private student loans are different. With federal student loans, there are few ways to make outstanding debt go away. Paying... View More

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