Legal Question in Consumer Law in New Mexico

I have received several calls from supposedly legal departments wanting to collect money on payday loans they say I have not repaid. I did take out some payday loans but had not been notified that they had not been paid until now. One of these people is calling about a payday loan in 2006. I don't even have that bank account anymore. They tell me that if I do not pay that I will be in court. They won't tell me which company I owe this money or when it was taken out.


Asked on 12/01/10, 6:43 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

First of all, do not speak with these people again. Put everything in writing, and keep copies of all writings in a file for later use. Write to them, tell them you dispute their accounts, and demand that they furnish verification of any/all debts they are attempting to collect. Also advise them that you are invoking all protections provided under the Federal Fair Collection Practices Act, and that they are not to call you at any time, at home or at work, and that all further communications must be in writing. All letters you send should be by certified mail, return receipt, so you have a record of all actions you have taken. If you stick faithfully to the procedures outlined, they will either provide you the information you lack, or they will eventually go away. If you do not, you can expect them to continue to make your life uncomfortable with their rudeness and continuing phone calls.

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Answered on 12/07/10, 12:32 pm


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