Lawyers, Answer Questions  & Get Points Log In
New Mexico Collections Questions & Answers
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... Read 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...
Read more »

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
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... Read 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
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... Read 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... Read 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...
Read more »

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
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... Read 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.... Read more »

Arun Arjan Melwani
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... Read 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
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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.