Debt collector laws in New Mexico

How the Collection Agency Regulatory Act (licensing) and Attorney General rule on time-barred debt (12.2.12 NMAC, under the Unfair Practices Act) protects you, beyond the federal FDCPA, plus licensing and complaints in New Mexico.

Short answer

New Mexico has its own debt collection law: the Collection Agency Regulatory Act (licensing) and Attorney General rule on time-barred debt (12.2.12 NMAC, under the Unfair Practices Act). It also covers original creditors collecting their own debts. Debt collectors need a state license in New Mexico; the licensing agency is New Mexico Regulation and Licensing Department, Financial Institutions Division (FID). FID says its licenses cover all third-party debt collection; its page links to NMLS to verify a licensee. Complaints go to New Mexico RLD Financial Institutions Division (for licensed collection agencies); the New Mexico Department of Justice also takes consumer complaints, and to the CFPB.

State law
Yes
Covers original creditors
Yes
License required
Yes
Extra protections listed
3

New Mexico's collection law

State law
Collection Agency Regulatory Act (licensing) and Attorney General rule on time-barred debt (12.2.12 NMAC, under the Unfair Practices Act)
Law
NMSA 1978, ch. 61, art. 18A; 12.2.12 NMAC
Covers original creditors
Yes
Official text
Read the law

New Mexico's law reaches original creditors as well, as in 22 of the 48 states we cover.

Protections New Mexico adds to federal law

  • Every debt collector, including the original lender, must check in good faith whether a debt is too old to sue on. (12.2.12.8 NMAC)
  • Before collecting a time-barred debt or asking you to acknowledge it, a collector must tell you the debt may be too old to sue on, that you can't be forced to pay it through a lawsuit, and that a payment or signed promise can restart the time limit. If the collector contacts you in Spanish or another language, the notice must be in that language too. (12.2.12.9 NMAC)
  • Patients with household income at or below 200% of the federal poverty level cannot be pursued through collection actions for medical debt. (Patients' Debt Collection Protection Act, Laws 2021, SB 71)

New Mexico rules on medical debt

Patients' Debt Collection Protection Act (2021): medical debt of 'indigent patients' (household income at or below 200% of the federal poverty level) cannot be pursued through collection actions, and collection must stop once a patient is found indigent; bills must include plain-language itemization, and medical debt collectors must have that billing information before contacting you (Laws 2021, SB 71; NMSA ch. 57).

Do collectors need a license in New Mexico?

License required
Yes
Who licenses
New Mexico Regulation and Licensing Department, Financial Institutions Division (FID). FID says its licenses cover all third-party debt collection; its page links to NMLS to verify a licensee.

Like New Mexico, 28 of the 48 states we cover license collectors.

In nearby states

Complaints about collectors in New Mexico

More New Mexico rules

  • New Mexico's time-barred debt disclosure rule applies to original creditors too, not only collection agencies (12.2.12.7(D) NMAC).

If a collector breaks the rules in New Mexico

  1. Save the evidence

    Log each call (date, time, who) and keep every letter, voicemail and text.

  2. Check the collector

    New Mexico requires a license; ask the collector for its license number from New Mexico Regulation and Licensing Department, Financial Institutions Division (FID). FID says its licenses cover all third-party debt collection; its page links to NMLS to verify a licensee.

  3. Write to the collector

    Write to dispute a debt or to stop collector calls, and keep a copy with proof of mailing.

  4. Complain

    Complain to New Mexico RLD Financial Institutions Division (for licensed collection agencies); the New Mexico Department of Justice also takes consumer complaints. You can also complain to the CFPB at consumerfinance.gov/complaint.

  5. Know your right to sue in New Mexico

    Federal law (15 U.S.C. 1692k) also lets you sue within 1 year for actual damages, up to $1,000 extra and attorney's fees.

Questions about collector laws in New Mexico

Does New Mexico license debt collectors?

Yes. New Mexico Regulation and Licensing Department, Financial Institutions Division (FID). FID says its licenses cover all third-party debt collection; its page links to NMLS to verify a licensee.

Does New Mexico have its own debt collection law?

Yes: the Collection Agency Regulatory Act (licensing) and Attorney General rule on time-barred debt (12.2.12 NMAC, under the Unfair Practices Act) (NMSA 1978, ch. 61, art. 18A; 12.2.12 NMAC). It also covers original creditors collecting their own debts.

Are there medical debt rules in New Mexico?

Patients' Debt Collection Protection Act (2021): medical debt of 'indigent patients' (household income at or below 200% of the federal poverty level) cannot be pursued through collection actions, and collection must stop once a patient is found indigent; bills must include plain-language itemization, and medical debt collectors must have that billing information before contacting you (Laws 2021, SB 71; NMSA ch. 57).

How do I report a debt collector in New Mexico?

New Mexico RLD Financial Institutions Division (for licensed collection agencies); the New Mexico Department of Justice also takes consumer complaints: https://www.rld.nm.gov/financial-institutions/file-a-complaint/

What protections does New Mexico add to federal debt collection law?

Every debt collector, including the original lender, must check in good faith whether a debt is too old to sue on. (12.2.12.8 NMAC) Before collecting a time-barred debt or asking you to acknowledge it, a collector must tell you the debt may be too old to sue on, that you can't be forced to pay it through a lawsuit, and that a payment or signed promise can restart the time limit. If the collector contacts you in Spanish or another language, the notice must be in that language too. (12.2.12.9 NMAC) Patients with household income at or below 200% of the federal poverty level cannot be pursued through collection actions for medical debt. (Patients' Debt Collection Protection Act, Laws 2021, SB 71)

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