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New Mexico Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law for New Mexico on

Q: Possible consumer law issues

I purchased a car from a location with dealer tags and was promised the car was rebuilt and no engine light on but to also be able to be legally registered and emissioned. The day after I bought it the check engine light came on and it was for o2 sensors, causing me not to be able to to emissions... Read more »

David Humphreys answered on Aug 13, 2019

I would hire a New Mexico lawyer. Check out consumer to find a lawyer.

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 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 Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on

Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

1 Answer | Asked in Consumer Law and Small Claims for New Mexico on

Q: I was buying a vehicle from a private party and they wrongfully repossessed am I still responsible for payments?

I was not late making payments.

David Humphreys answered on May 20, 2018

No. You really should find a lawyer to sue the seller.

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 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 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 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 Consumer Law and Personal Injury for New Mexico on

Q: What's the time frame to file a lawsuit against jcpenny?

Last year I was walking out of jcpenny. I was already several feet out of the doors and loss prevention stopped me and said I needed to go back inside. I refused and he then literally body slammed me outside on the pavement. Several people witnessed it. I am a female and this was a man . I... Read more »

Jeff Grandjean answered on Nov 13, 2017

I notice you are from Fort Worth but you are asking the question in New Mexico. The statute of limitations in New Mexico is three years, so you still have time. I will not state with certainty what it is in Texas, but it could be two years, if it happened in Texas I would recommend consulting an... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on

Q: How can I find out the standards for methadone clinics in New Mexico?

Must a provider be a physician? Must a patient take daily dose on site, or are doses sent home? If I have concerns about a clinic, who do I report my concerns to?

David Humphreys answered on Oct 11, 2017

Generally, the New Mexico Department of Health regulates health care facilities.

I did a quick Google search and located the following information:

Rosemary Nowak

New Mexico Behavioral Health Services DivisionPO Box 2348

37 Plaza La Prensa PO Box

Santa Fe,...
Read more »

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on

Q: Are there any case references for New Mexico in reguards to balanced billing?

Or any references to health care providers not billing third part health insurance providers in a timely manner?

David Humphreys answered on Aug 17, 2017

yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.

It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare,...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for New Mexico on

Q: 2 AC units in home. Owner would only turn on unit on bottom floor. Is this legal?

Earlier this summer when heat was over 100,our bottom swamp cooler cooled house downstairs to 78-79 and upstairs 80 and above as high as 87 some days. We pay our rent every month. What can we do?

David Humphreys answered on Aug 9, 2017

Read your lease agreement. Write a letter to the landlord if you believe there is a breach of the lease. Notify the landlord that he is in breach if the lease agreement supports your view. Be careful before you decide to take action on your interpretation of the lease. You might want to consult a... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Internet Law for New Mexico on

Q: I am putting up a website that might be considered questionable and unethical and I would like a professional opinion.

Hello, I am putting up a website that users can rate other people on. The concerns I have is people might feel infringed on with their privacy (all the people's names, rates and etc will be user supplied) and it might be seen as cyberbullying what people will say about others. I was hoping someone... Read more »

Peter N. Munsing answered on Jan 23, 2017

An easy answer is can you get insurance? If not, maybe you want to apply your talents to a different type of site. People will want to get at you and you may not want to have to hire lawyers at the other end. The short answer is if you allow people to say libelous things, then you may have exposure... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Contracts for New Mexico on

Q: Am I entitled to a refund if the seller did not disclose all issues?

I bought a car from a private party. The seller stated there were cosmetic issues but the car ran well. During the title signing, we found that it was a salvaged title, but the seller said there were no issues with the car. After everything was signed and we had possession of the car, we found... Read more »

Peter N. Munsing answered on Sep 13, 2016

As long as the issues are those that the seller knew about. Sounds like he halfway admitted. Send him a note that per your ealier discussions you'd like him to take the vehicle and title back. If he ignores file it in small claims court (magisterial district Court) for where he lives.

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