Debt Validation Letter (FDCPA § 1692g) — New Mexico

DEBT VALIDATION / DISPUTE LETTER — FDCPA § 1692g — NEW MEXICO

TABLE OF CONTENTS

1. Sender and Recipient Block
2. Subject and Reference Line
3. Section A — Written Dispute and Validation Request
4. Section B — Cease-Communication Demand
5. Section C — Regulation F Itemization Request
6. Section D — Reservation of Rights and Statutory Notice
7. Signature Block
8. Mailing and Recordkeeping Checklist
9. New Mexico Practice Notes
10. Sources and References

1. SENDER AND RECIPIENT BLOCK

[CONSUMER FULL NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

[PHONE] | [EMAIL]

Date: [DATE]

Sent via U.S. Certified Mail, Return Receipt Requested

Article No.: [________________________________]

To:

[DEBT COLLECTOR / RECIPIENT NAME]

[Attn: Compliance / Legal Department]

[STREET ADDRESS]

[CITY, STATE ZIP]

2. SUBJECT AND REFERENCE LINE

Re: Account / Reference No. [ACCOUNT NO.]

Alleged Original Creditor: [ORIGINAL CREDITOR — if disclosed]

Amount Claimed: $[AMOUNT]

Date of Initial Communication from Your Office: [DATE]

3. SECTION A — WRITTEN DISPUTE AND VALIDATION REQUEST

To Whom It May Concern:

I am in receipt of your communication dated [DATE] regarding the above-referenced alleged debt. This letter constitutes my timely written dispute and request for verification pursuant to 15 U.S.C. § 1692g(b).

I dispute the validity of this alleged debt, in whole and in part. Pursuant to the Fair Debt Collection Practices Act, you are required to cease all collection activity until you mail to me, at the address above, verification of the debt. Specifically, I request that you provide:

1. The name and address of the original creditor, if different from the current creditor;

2. Verification of the debt, including documentation establishing:
   - (a) the original written agreement, contract, application, or instrument creating the debt, signed by me;
   - (b) the date of the original obligation;
   - (c) the date of the last payment by me on the account;
   - (d) the date the original creditor charged off the account, if applicable;
   - (e) a complete itemization of the principal, interest, fees, and other charges that comprise the amount claimed;

3. Proof of your authority to collect this debt, including any chain-of-title documentation and assignment agreements demonstrating that you, or your principal, own or have authority to collect this debt;

4. The license number and license-issuing authority under which you are authorized to collect debts in New Mexico, if applicable; and

5. A statement of whether the debt is within or beyond the applicable statute of limitations under New Mexico law (NMSA § 37-1-3 — six years on written contracts; NMSA § 37-1-4 — four years on open accounts and unwritten contracts).

Until you have mailed the foregoing to me, you must cease all collection activity, including but not limited to telephone calls, letters, lawsuits, credit-bureau reporting, and any other collection efforts. 15 U.S.C. § 1692g(b).

4. SECTION B — CEASE-COMMUNICATION DEMAND

Pursuant to 15 U.S.C. § 1692c(c), I hereby demand that you CEASE ALL COMMUNICATION with me concerning this alleged debt. After receipt of this letter, you are permitted to contact me only to:

• (a) advise that your collection efforts are being terminated; or
• (b) notify me that you or your creditor may invoke specified remedies that you ordinarily invoke.

Any further communication in violation of § 1692c(c) will subject you to liability under 15 U.S.C. § 1692k and the New Mexico Unfair Practices Act, NMSA § 57-12-10.

I further withdraw any prior or implied consent to contact me at my place of employment or by any electronic means (telephone, text message, email) other than U.S. Mail. Any such contact violates 15 U.S.C. § 1692c(a).

5. SECTION C — REGULATION F ITEMIZATION REQUEST

Pursuant to 12 C.F.R. § 1006.34 (Regulation F) and 12 C.F.R. § 1006.38, I request the following itemization information:

• (a) The itemization date you selected (last statement, charge-off, last-payment, transaction, or judgment date);
• (b) The amount of the debt on the itemization date;
• (c) Each interest charge, fee, payment, and credit applied since the itemization date;
• (d) The current amount of the debt as of the date of this letter; and
• (e) The name of the creditor to whom the debt is owed, including any merchant brand or affinity name used.

6. SECTION D — RESERVATION OF RIGHTS AND STATUTORY NOTICE

This letter is sent without waiver of any rights, claims, or defenses. I expressly reserve all rights under the federal Fair Debt Collection Practices Act, the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), the federal Telephone Consumer Protection Act (47 U.S.C. § 227), the New Mexico Unfair Practices Act (NMSA § 57-12-1 et seq.), and any other applicable law.

Statutory notice — NMUPA. Be advised that the New Mexico Unfair Practices Act, NMSA § 57-12-10, provides a private cause of action with mandatory attorney fees to a prevailing consumer and discretionary treble damages for willful violations. Continued unfair, deceptive, or unconscionable trade practices following this letter will be pursued under the NMUPA in addition to the FDCPA.

Please direct all future correspondence to me, in writing, at the address on this letter. Do not contact me by telephone, text, email, or in person.

7. SIGNATURE BLOCK

Sincerely,

[________________________________]

[CONSUMER FULL NAME]

[________________________________]

Date

Enclosures:

• Copy of initial communication dated [DATE]
• [OTHER EXHIBITS — credit-report excerpt, prior dispute, etc.]

cc (if represented): [ATTORNEY NAME, FIRM]

8. MAILING AND RECORDKEEPING CHECKLIST

☐ Letter mailed Certified Mail, Return Receipt Requested

☐ USPS Article No. recorded above

☐ Photocopy of signed letter retained

☐ Copy of certified-mail receipt (green stamp) retained

☐ Date of mailing within 30 days of receipt of initial validation notice

☐ Calendar set for follow-up at 30 / 60 / 90 days

☐ Credit reports pulled from all three CRAs to monitor for unlawful re-aging or continued reporting

☐ Phone log started: date, time, caller, number, statements made

☐ Voicemails saved (do not delete)

☐ Prior letters and envelopes preserved

9. NEW MEXICO PRACTICE NOTES

• 30-day window is jurisdictional to the verification right. Under 15 U.S.C. § 1692g(a)–(b), the validation notice must inform the consumer of the right to dispute within 30 days of receipt; only a written dispute mailed within that window triggers the verification-and-cease obligation. A late dispute is still effective for FDCPA § 1692e (false statement of validity if continued without verification) and for NMUPA purposes.
• Cease-communication right. A written cease demand under § 1692c(c) limits the collector to two narrow follow-ups (termination of efforts; notice of remedies). Continued contact triggers per-violation statutory damages.
• NMUPA leverage. New Mexico's Unfair Practices Act (NMSA § 57-12-1 et seq.) is a powerful adjunct because (i) it reaches original creditors and servicers outside the FDCPA, (ii) it provides a $100 statutory minimum and discretionary treble damages for willful violations, and (iii) attorney fees to the prevailing consumer are MANDATORY under § 57-12-10(C). Cite the NMUPA in pre-suit correspondence to encourage settlement.
• Statute of limitations on the underlying debt. New Mexico applies six years to written contracts (§ 37-1-3) and four years to open accounts and unwritten contracts (§ 37-1-4). Collection of a time-barred debt may itself violate the FDCPA (Midland Funding LLC v. Johnson, 581 U.S. 224 (2017), addresses bankruptcy claims; lower courts continue to find § 1692e/§ 1692f violations for litigating barred debts). Always confirm SOL before responding.
• NM Magistrate Court jurisdiction. Up to $10,000 (NMSA § 35-3-3). Many small consumer debts are filed there. Service of process and discovery rules differ from District Court — confirm forum before responding to a lawsuit.
• Identity-theft overlap. If the alleged debt is the product of identity theft, additional protections apply: the FCRA blocking right (15 U.S.C. § 1681c-2) and the New Mexico criminal identity-theft statute, NMSA § 30-16-24.1, which authorizes restitution and orders correcting public records. Use the identity-theft affidavit template in this directory.
• Regulation F. Effective November 30, 2021, debt collectors must provide enhanced itemization, opt-out instructions for electronic communications, and limit "limited-content message" voicemails. 12 C.F.R. Part 1006. A validation notice that lacks Reg F content can independently violate § 1692g.

10. SOURCES AND REFERENCES

• 15 U.S.C. § 1692g (FDCPA validation) — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c (Communication restrictions) — https://www.law.cornell.edu/uscode/text/15/1692c
• 12 C.F.R. Part 1006 (Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• CFPB validation-notice model form — https://www.consumerfinance.gov/rules-policy/regulations/1006/Appendices/
• NMSA § 57-12-1 et seq. (NMUPA) — https://nmonesource.com/
• NMSA § 37-1-3, § 37-1-4 (Statute of limitations on debts)
• NMSA § 30-16-24.1 (Identity theft) — https://law.justia.com/codes/new-mexico/chapter-30/article-16/section-30-16-24-1/
• New Mexico Department of Justice — Consumer Affairs — https://www.nmag.gov/about-the-office/consumer-affairs/
• Jerman v. Carlisle, 559 U.S. 573 (2010) (no mistake-of-law bona fide error defense)
• Midland Funding LLC v. Johnson, 581 U.S. 224 (2017)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Mexico must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.