Debt Collector Harassment in Las Cruces, NM

Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Las Cruces, New Mexico there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.

Debt Collector Harassment in Las Cruces, New Mexico

The New Mexico Courts have stated that Las Cruces residents facing debt have a right to be free from harassment. Any engagement in behavior by a debt collecting agency that is harassment gives you the grounds to sue the collection agency. Such tactics as failing to identify themselves, or false identification with a government agency are prohibited under the Fair Debt Collection Practices Act. A debt collector is also prohibited from using profane language, threatening violence, coercing payment by threatening to leak information, or calling in the late evenings and early mornings.

If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Las Cruces attorney can help you identify your options and build a strong case.


Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:

  • The amount of money you owe
  • False threats saying they will have you arrested
  • Saying they are an attorney if they aren’t one
  • Threats to do something that the debt collector has no intention of doing
  • Threats to take actions that are not within the confines of the law

If you think any Las Cruces, NM debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.

Who Are Debt Collectors?

Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?

Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Las Cruces such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.

Las Cruces residents who’ve fallen behind in payments may have to deal with a debt collection agency such as Collection Resources Inc. or Claim Services Inc. It’s always important to research the company who has claimed you owed a debt, and you can review such companies with Yellow Pages online.

What Should You Do If You’ve Been Harassed By a Debt Collector In Las Cruces, New Mexico?

Step 1: Know Your Rights

If you think Las Cruces debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA came in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.

Step 2: Collect Records

Have you been harassed in Las Cruces, NM by a debt collector? If so, it’s important to begin to gather evidence.

While creditors are entitled to seek the fulfillment of a debt, the New Mexico Collections Regulatory Act establishes how they can and cannot pursue that debt. If you’ve experienced harassment in Las Cruces, you should take every step possible to document this behavior. Send a Stop Contact letter through certified mail as soon as possible. By law the debt collector must cease communication unless to tell you that they are filing suit. Save any correspondence between you and the collection agency that you can, and keep records of every payment that you make. In addition, you may consider beginning to keep a hand-written record of the dates and times of any calls.

Step 3: Remain Calm and Act Deliberately

When you’re being abused or harassed by a bullish Las Cruces debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.

Step 4: Ask for Debt Verification

If you’re constantly getting phone calls from Las Cruces, NM debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.

Step 5: Contact an Attorney

If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Las Cruces attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.

Step 6: Present Your Case

By hiring an experienced Las Cruces, NM debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.

Once you’ve decided to file suit, you must also decide where to file. Based on the individual cases it may be better for you to file in a state court, like the Dona Ana Magistrate Court. However, you’ll also be able to file in federal court at the U.S. District Court for the District of New Mexico.

You should keep in mind that you’ll only have 1 year from the date the harassment began to file suit. Anything passed this time table and the statute of limitations will expire. An experienced attorney in Las Cruces can help you navigate this process.

Work With an Experienced Las Cruces, New Mexico Debt Collector Harassment Lawyer

If you’ve experienced debt collector harassment in Las Cruces, NM it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.

Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across New Mexico state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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