Subject: New Mexico Sample Letter to Debt Collector Re Fair Debt Collection and Practices Act Dear [Debt Collector's Name], I am writing to you in regard to an alleged debt that I have been informed I owe. As a resident of New Mexico, I am aware of my rights under the Fair Debt Collection Practices Act (FD CPA), which protects consumers from unfair debt collection practices. This letter serves as a formal request in concordance with the FD CPA to provide necessary documentation and to cease any further communication regarding this debt until the proper verification is obtained. Under Section 809(b) of the FD CPA, I am entitled to request validation of the debt and acquire specific information to ensure its accuracy and legitimacy. Therefore, I kindly request that you provide the following details within thirty (30) days of receiving this letter: 1. The name and address of the original creditor, along with the original account number associated with the debt. 2. A detailed account of the debt, including the original amount owed, any interest or fees added to the balance, the current balance, and a breakdown of the charges. 3. Copies of any agreements or contracts that establish my obligation to pay this alleged debt. 4. Proof of your authority to collect this debt on behalf of the original creditor. 5. Verification of your license and registration to operate as a debt collection agency within the state of New Mexico. Please note that until you fulfill this request for validation, you are prohibited from engaging in any further debt collection activities as per Section 809(b) of the FD CPA. This includes contacting me directly, reporting the debt to credit reporting agencies, or pursuing any legal actions against me. Nevertheless, I must also remind you that any failure to comply with my request will be deemed a violation of the FD CPA. In such cases, I will not hesitate to seek legal remedies, which may include but are not limited to filing complaints with the New Mexico Attorney General's Office and the Federal Trade Commission. Finally, I insist that all future communication should be in writing, adhering to the provisions of the FD CPA. Phone calls or any form of harassment or intimidation will be considered as a violation of the law. Thank you for your immediate attention to this matter. I trust that you will act in accordance with the law and provide the required information within the designated time frame. Failure to respond appropriately will leave me no choice but to take further legal action to protect my rights. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]
New Mexico Sample Letter to Debt Collector Re Fair Debt Collection and Practices Act
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The Fair Debt Collection Practices Act defines a debt collector as ?any person who uses any instrumentality of interstate commerce or the mails in any business for the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due ...
Statute of limitations on debt for all states StateWrittenOralNew Mexico6 years4New York6 years6North Carolina3 years3North Dakota6 years646 more rows ?
Collectors are required by Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.
The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
It is an unfair or deceptive trade practice for any debt collector acting in the regular course of his or her trade or commerce, whether directly or indirectly, by letter, telephone, electronically or by any other means, to collect or to attempt to collect from any person any payment of any debt that the debt collector ...
In addition to the federal FDCPA, New Mexico has its own debt collection law, the New Mexico Fair Debt Collection Practices Act (NMFDCPA). This state law essentially mirrors the protections afforded under the federal FDCPA. It is designed to protect consumers from unfair and deceptive debt collection practices.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
An effective debt collection letter should include all of the following: The total amount the client owes you. The original date the balance was due. Instructions detailing how to make the overdue payment. The new due date, whether a specific date or as soon as possible.
