New Mexico Collections Questions & Answers

Q: If a company won a judgement but they never made contact, can I just ignore?

1 Answer | Asked in Collections for New Mexico on
Answered on Nov 16, 2018
Arun Arjan Melwani's answer
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 judgement with the county clerk and the judgement will turn into a lien against any real property that you may own or acquire in the future. You should call an attorney right away to address your...

Q: I just received notice that my wages are going to be garnished for a loan my ex-husband applied for after we were

1 Answer | Asked in Collections for New Mexico on
Answered on May 1, 2018
Arun Arjan Melwani's answer
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 writ of garnishment.

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.

1 Answer | Asked in Banking, Consumer Law and Collections for New Mexico on
Answered on Apr 2, 2018
David Humphreys' answer
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 continue to attempt to collect from you. I would write them a quick letter and send it either registered mail receipt requested or by fax to prove you sent it.

Dear Sir,

I dont owe you any...

Q: Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?

1 Answer | Asked in Collections for New Mexico on
Answered on Feb 26, 2018
Arun Arjan Melwani's answer
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 years on an open account and 6 years on a contracted debt. A medical service and the bill related to it is usually a contracted service and thus the statute of limitations is 6 years. However, a...

Q: How should I respond to a letter from a collection agency regarding a time-barred debt?

1 Answer | Asked in Consumer Law and Collections for New Mexico on
Answered on Feb 9, 2018
Arun Arjan Melwani's answer
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 complaint and assert in your answer any affirmative defenses that you may have. The affirmative defense that the "Statute of Limitations" has run is important to put in the answer to the complaint. If you...

Q: Can I get away from this debt?

1 Answer | Asked in Small Claims, Collections and Contracts for New Mexico on
Answered on Jan 30, 2018
Arun Arjan Melwani's answer
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.

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?

1 Answer | Asked in Collections and Tax Law for New Mexico on
Answered on May 7, 2016
Marshall Jason Ray's answer
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 it off is the main one. There is no statute of limitations on federal student loan debt. In other words, it is not a viable plan to attempt to wait out and allow student loan debt to expire, or for a...

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