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New Mexico Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for New Mexico on
Q: Can I get reimbursed for items stolen out of my storage unit?

I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More

James L. Arrasmith
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answered on Nov 9, 2023

You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More

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 Consumer Law for New Mexico on
Q: My mother has her name on unclaimed property but does not know how to read and Wright she didn't even know about this

How can we claim this property we need help how much will it cost

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2023

A New Mexico attorney could advise best, but your question remains open for a week. It could depend what kind of property is involved. Many state comptroller's offices have online resources for unclaimed funds. These usually involve unclaimed checks for public utility bills and similar... View More

1 Answer | Asked in Consumer Law for New Mexico on
Q: What is the statue of limitations for credit card debt in NM? Last payment made was on 09/2018 does that exceed the time
T. Augustus Claus
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answered on Jul 19, 2023

when it comes to credit card debt, it's important to consider the statute of limitations. In New Mexico, the statute of limitations for most types of contracts, including credit card debt, is typically four years. This means that the creditor generally has up to four years from the date of... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Mexico on
Q: can we be sued for a car that was repossessed 20 years ago?

we received a call for my wife today who was a cosigner on the original loan. this person said they work for an arbitration firm and said since my wife did not respond to the letter they sent within the 30 days they were proceeding with filing judgement paperwork. problem is we never received a... View More

T. Augustus Claus
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answered on Jul 14, 2023

there is a statute of limitations on debts, which sets a time limit for legal action to be taken. The statute of limitations for a car loan or breach of contract can vary depending on the jurisdiction and the specific circumstances of the case. However, it is highly unusual for a debt from 20 years... View More

1 Answer | Asked in Consumer Law for New Mexico on
Q: I bought a used truck and the transmission failed within 3 days what can I do
William Jeptha Williford
William Jeptha Williford
answered on May 12, 2023

Typically, used vehicles are sold as-is. Lemon laws vary from state to state but generally speaking, they only involve brand spanking new vehicles purchased directly from a dealership that has had multiple failed attempts to fix the same issue. Again, these exact parameters are not true for every... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... View More

Charles William Michaels
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Charles William Michaels
answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison
answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
Deena L. Buchanan
answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

1 Answer | Asked in Gov & Administrative Law and Consumer Law for New Mexico on
Q: help with mutual domestic company billing practices and cut offs.

las cruces new mexico mutual domestic water (moongate water company

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2019

Your post remains open for four weeks. At this point, you could look into whether the New Mexico Public Regulation Commission might be able to offer guidance. Good luck

Tim Akpinar

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... View More

David Humphreys
David Humphreys
answered on Aug 13, 2019

I would hire a New Mexico lawyer. Check out consumer advocates.org 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... 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 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
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
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... 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 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 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... View More

Jeff Grandjean
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... View 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
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,...
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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
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,...
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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
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... View More

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