From time to time, a Guest Blogger will share voice at the New Mexico Bankruptcy Law Blog. Today, we welcome Deborah DeMack. Deborah is a former Assistant Attorney General in the Consumer Protection Division of the New Mexico Attorney General’s Office. A solo practitioner now in private practice in Santa Fe, NM, Ms. DeMack practices consumer law, debt collection defense, and consumer bankruptcy. She can be reached at 505.471.3302. This is part 8 of the series.
Other Types of Illegal Debt Collection Acts
Debt collectors — most notably, “junk debt” buyers — often try to collect on debts that have been discharged in bankruptcy or are not legally owed by the consumer from whom the debt collector is attempting to collect monies. All too many debt collectors will misrepresent the true legal status or character of the debt, in an attempt to collect on debts that are not legally owed by the consumer. Unfortunately, all too many consumers, misled by the debt collectors, unwittingly agree to pay. Like old debts that are past the SOL, the consumer, in essence, has created a new contract or agreement to pay. So long as the consumer was not deceived into paying, the new agreement may be legally enforceable.
Next in the series is Part 9: What are Your Rights and Remedies under the FDCPA (Fair Debt Collection Practices Act)?
Previous posts in the series: Debt Collection Abuse and the FDCPA, To Whom Does the FDCPA Apply? What Debts are Covered?, How May a Debt Collector Contact You?, What Acts or Practices are Prohibited by the FDCPA?, How Do You Stop a Debt Collector from Contacting You?, The 30 Day Validation (Verification) Notice, Statutes of Limitations