Raúl Torrez | Attorney General

Attorney General Hector Balderas Issues a Debt Collection Advisory Warning New Mexicans About Predatory Collection Practices

FOR IMMEDIATE RELEASE:

January 15, 2021
Contact: Matt Baca — (505) 270-7148

Santa Fe, NM—Attorney General Hector Balderas today issued an advisory to New
Mexicans warning them about predatory debt collection practices from companies that
attempt a variety of tactics to prey on New Mexican consumers. These practices include
attempts to collect debts that do not exist, falsely reporting consumers to consumer credit
agencies, and generally using threats or intimidation in an attempt to extract money from
consumers. The Attorney General issued this advisory after recently suing national debt
collectors for these practices and after these companies received millions of dollars in
federal Paycheck Protection Program funds.
“It is absurd that law enforcement is holding these companies accountable for preying on
our families, while Congress is actively funding their efforts,” said Attorney General
Balderas. “New Mexican consumers must remain vigilant and report any suspicious debt
collection activities to law enforcement; and we will take swift action to hold them
accountable for any bad acts.”
As covered by the Washington Post, the Office of the Attorney General recently sued
several debt collectors, including Capio Asset Servicing, a national debt collection firm
that has engaged in predatory debt collection practices. As reported, the same firm is the
recipient of millions of dollars in federal COVID-19 stimulus aid. The full story on this
particular company and these issues can be found here:

PPP loans went to debt collectors, payday lenders named in complaints and sanctions – The Washington Post

The Office of the Attorney General warns New Mexicans that they should take
precautions if anyone contacts them attempting to collect a debt. The office offers the
following basic tips to consumers:
• Only deal with a company you have personally interacted with. If a debt collector
says they represent that company make them demonstrate proof that they are
affiliated;
• Be on the lookout for any communication that is intimidating in nature, including
threats to report you or aggressive behavior toward you;
• Be knowledgeable about the amounts you do owe, and beware of anyone who
tells you that you owe more than that amount;
• Debt collectors are prohibited from contacting you before 8 a.m. or after 9 p.m.,
unless you agree to it.
• They also can’t contact you at work if they’re told you’re not allowed to get calls
there;
• If the debt they are trying to collect is old, ask for them to verify that it’s not outside
the statutes of limitations. Don’t let them force you into paying on something
you’re unsure of;
• Be vigilant and do not be afraid to ask questions and ask them to provide
information.
If you believe that you have been the victim of predatory debt collection practices, or if
your rights have been violated, please contact the Office of the Attorney General at State of New Mexico Office of the Attorney General (nmag.gov)
, or by phone at 1-844-255-9210

Raul Torrez

View Categories

Categories
The image is the New Mexico Department of Justice primary seal. This seal is framed with gold gradient rope and a slim gold bar followed by a thicker dark blue circular bar that has white text that reads, "State of New Mexico" at the bottom and "Department of Justice" at the top. At the center of the seal is a gradient circle with a dark blue roman-inspired Pillar in the shape of New Mexico.