FDCPA Damages Complaint — District of New Mexico

FDCPA DAMAGES COMPLAINT — DISTRICT OF NEW MEXICO

USE GATE — COMPLETE BEFORE DRAFTING

☐ The obligation arose primarily from a personal, family, or household transaction and is a “debt” under 15 U.S.C. § 1692a(5).

☐ Defendant satisfies a specific branch of the § 1692a(6) “debt collector” definition, and every potentially applicable exclusion has been evaluated. Do not assume every creditor, servicer, debt buyer, repossession actor, or process server is covered for every claim.

☐ Each selected FDCPA provision is tied to a dated communication or collection act, its required mental state or knowledge allegation, and facts addressing any statutory exception.

☐ The federal action will be filed no later than one year after each alleged violation under § 1692k(d). Calculate separately for each act.

☐ For an optional New Mexico UPA count, counsel has identified a false or misleading representation knowingly made in connection with the extension of credit or collection of debts, or a supported unconscionable-practice branch, and a resulting loss of money or property.

☐ Do not plead that an FDCPA violation automatically proves a New Mexico UPA violation. Apply §§ 57-12-2, 57-12-3, and 57-12-10 to the specific conduct and loss.

☐ Confirm federal subject-matter jurisdiction, personal jurisdiction, and one specific 28 U.S.C. § 1391(b) venue route.

☐ Preserve collection letters and envelopes, call recordings and logs, voicemails, account records, dispute and cease letters, delivery proof, credit reports, payment records, and damages evidence.

UNITED STATES DISTRICT COURT

DISTRICT OF NEW MEXICO

No. [________________]

COMPLAINT FOR FDCPA DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff [NAME], through undersigned counsel, alleges as follows. Delete every allegation, count, provision, and remedy that the facts do not support.

I. NATURE OF THE ACTION

1. This action arises under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., from Defendant's alleged conduct in collecting the consumer debt identified below.

2. [Optional—retain only after the UPA gate is satisfied:] Plaintiff also asserts a New Mexico Unfair Practices Act (UPA) claim based on the distinct facts alleged in Count II, not merely on the existence of an alleged FDCPA violation.

II. JURISDICTION, VENUE, AND PERSONAL JURISDICTION

3. This Court has federal-question jurisdiction under 28 U.S.C. § 1331. Section 1692k(d) authorizes an FDCPA-liability action in an appropriate United States district court without regard to the amount in controversy, or in another court of competent jurisdiction, within one year from the violation.

4. [If Count II is retained:] The Court has supplemental jurisdiction under 28 U.S.C. § 1367(a) because the supported UPA claim is so related to the federal claim that it forms part of the same Article III case or controversy. Plaintiff recognizes the Court's discretion under § 1367(c).

5. Venue is proper under 28 U.S.C. § 1391(b)([1 / 2 / 3]) because [state the facts satisfying the selected subsection; Plaintiff's residence or a generic “does business” allegation is not enough by itself].

6. This Court has personal jurisdiction over Defendant because [identify Defendant's forum-directed contacts and the connection between those contacts and the claim, or another supported basis].

III. PARTIES AND COVERAGE

7. Plaintiff [NAME] is a natural person allegedly obligated to pay the Debt and is a “consumer” under 15 U.S.C. § 1692a(3).

8. The alleged obligation arose from [transaction], in which the subject money, property, insurance, or services were primarily for [personal / family / household] purposes. It is a “debt” under § 1692a(5).

9. Defendant [NAME] is [entity type and organization facts]. Defendant is a “debt collector” under § 1692a(6) because [plead principal-purpose facts, regular-collection-for-another facts, false-name facts, or the security-interest-enforcement branch applicable to a § 1692f(6) claim].

10. The alleged debt-collector exclusions do not apply because [address every reasonably implicated exclusion in § 1692a(6)(A)-(F)].

IV. FACTUAL ALLEGATIONS

11. The Debt concerns:

12. Defendant's relevant communications and acts were:

13. [Section 1692c(a) theory, if applicable:] Defendant communicated at [time/place/method] despite [facts showing inconvenience, knowledge, represented status, or employer prohibition].

14. [Section 1692c(b) theory, if applicable:] Defendant communicated about the Debt to [third party] on [date]. The communication was not authorized by prior consumer consent given directly to Defendant, express court permission, § 1692b, or another statutory exception because [facts].

15. [Section 1692c(c) theory, if applicable:] On [date], Defendant received Plaintiff's written notice that Plaintiff refused to pay the Debt or wanted further communication to cease. Exhibit [__]. Defendant later sent [communication], which did not fall within any of § 1692c(c)'s three exceptions because [facts].

16. [Section 1692d theory, if applicable:] Defendant engaged in conduct whose natural consequence was to harass, oppress, or abuse because [facts]. For a § 1692d(5) theory, plead repeated or continuous calls and facts supporting intent to annoy, abuse, or harass.

17. [Section 1692e theory, if applicable:] Defendant made the following false, deceptive, or misleading representation: [exact statement, why false, speaker, date, medium, and selected subsection].

18. [Section 1692f theory, if applicable:] Defendant used the following unfair or unconscionable collection means: [exact act, selected subsection if any, and facts].

19. [Section 1692g(a) theory, if applicable:] Defendant's initial communication occurred on [date]. The required information was not contained in that communication, Plaintiff had not paid the Debt, and Defendant did not send the written notice required by § 1692g(a) within five days. A formal pleading is not an initial communication under § 1692g(d).

20. [Section 1692g(b) theory, if applicable:] Defendant received Plaintiff's written dispute or original-creditor request during the validation period on [date]. Before mailing the response required by § 1692g(b), Defendant collected the disputed Debt or disputed portion by [specific act and date].

21. The conduct caused Plaintiff the following actual damage: [itemize amount, date, causal link, and supporting evidence].

V. CLAIMS

COUNT I — FAIR DEBT COLLECTION PRACTICES ACT

22. Plaintiff incorporates Paragraphs 1–21.

23. Defendant was a debt collector, Plaintiff was a consumer, and the obligation was a debt for the reasons alleged in Paragraphs 7–10.

24. Defendant violated the following selected provision or provisions, each tied to the facts stated above:

• [§ 1692c and subsection] — [act and paragraph];
• [§ 1692d and subsection] — [act and paragraph];
• [§ 1692e and subsection] — [representation and paragraph];
• [§ 1692f and subsection] — [act and paragraph]; and/or
• [§ 1692g and subsection] — [notice, dispute, or collection act and paragraph].

25. The violation or violations caused the actual damage identified in Paragraph 21.

26. Under 15 U.S.C. § 1692k(a), Plaintiff seeks proven actual damages, such additional damages as the Court may allow up to $1,000 in this individual action, and costs plus a reasonable attorney fee in a successful action. The additional-damages ceiling is discretionary and applies to the individual action, not automatically to each communication or violation.

COUNT II — NEW MEXICO UNFAIR PRACTICES ACT

[Optional—delete unless every element below has a factual basis.]

27. Plaintiff incorporates only the paragraphs that support this count: [list].

28. Defendant acted in the regular course of trade or commerce and knowingly made the following false or misleading representation in connection with the extension of credit or collection of debts: [exact representation and facts]. The representation may, tends to, or did deceive or mislead a person, within NMSA 1978 § 57-12-2(D).

29. [Optional unconscionability branch:] Defendant [took advantage of a person's lack of knowledge, ability, experience, or capacity to a grossly unfair degree under § 57-12-2(E)(1) / caused the gross-disparity result described in § 57-12-2(E)(2)] because [specific facts].

30. The selected conduct violated NMSA 1978 § 57-12-3.

31. As a result of the UPA violation, Plaintiff suffered the following loss of money or property: [amount, property, date, causal link, and evidence].

32. [If enhanced damages are sought:] Defendant acted willfully within § 57-12-10(B) because [facts supporting the required finding].

33. Counsel has determined that § 37-1-4 supplies the applicable limitations period to this UPA claim, and the claim is timely because [accrual date, filing date, tolling if any, and analysis].

VI. PRAYER FOR RELIEF

Plaintiff requests judgment and:

A. Actual damages proven to have resulted from the FDCPA violation under 15 U.S.C. § 1692k(a)(1);

B. Such additional damages as the Court may allow, not exceeding $1,000 in this individual action, under § 1692k(a)(2)(A);

C. Costs and a reasonable attorney fee in a successful FDCPA action under § 1692k(a)(3);

D. [If Count II is retained:] Actual damages or $100, whichever is greater, under NMSA 1978 § 57-12-10(B);

E. [If Count II is retained and willfulness is proven:] Up to three times actual damages or $300, whichever is greater, as the Court may award under § 57-12-10(B);

F. [If Count II is retained:] Injunctive relief authorized by § 57-12-10(A), and fees and costs if Plaintiff is the prevailing complaining party under § 57-12-10(C);

G. Prejudgment and post-judgment interest to the extent authorized by law; and

H. Any other relief the Court may lawfully grant on the pleaded claims.

VII. JURY DEMAND

Under Fed. R. Civ. P. 38, Plaintiff demands a jury trial on every issue triable by jury.

VIII. SIGNATURE

Respectfully submitted:

[________________________________]

[ATTORNEY NAME], New Mexico Bar No. [________]

[LAW FIRM]

[ADDRESS]

[CITY, STATE ZIP]

Telephone: [________]

Email: [________]

Attorney for Plaintiff

Date: [__/__/____]

The signer must independently satisfy Fed. R. Civ. P. 11. This template is not a substitute for a reasonable factual and legal inquiry.

PRE-FILING CHECKLIST

☐ Current District of New Mexico local rules, civil cover sheet, summons, filing fee or in-forma-pauperis materials, and electronic-filing instructions checked.

☐ Fed. R. Civ. P. 5.2 redactions completed; exhibits containing protected identifiers are handled through a lawful redaction or sealing procedure.

☐ Each selected statutory provision is tied to specific facts and an exhibit or identified discovery basis.

☐ One-year § 1692k(d) date calculated separately for every FDCPA act.

☐ UPA count and remedies deleted unless the representation or unconscionability branch, trade-or-commerce connection, resulting money-or-property loss, limitations period, and any willfulness allegation are supported.

☐ Jury-demand timing and service requirements calendared under the current rules.

CURRENT OFFICIAL SOURCES

• Office of the Law Revision Counsel — 15 U.S.C. § 1692a
• Office of the Law Revision Counsel — 15 U.S.C. § 1692c
• Office of the Law Revision Counsel — 15 U.S.C. § 1692d
• Office of the Law Revision Counsel — 15 U.S.C. § 1692e
• Office of the Law Revision Counsel — 15 U.S.C. § 1692f
• Office of the Law Revision Counsel — 15 U.S.C. § 1692g
• Office of the Law Revision Counsel — 15 U.S.C. § 1692k
• New Mexico Compilation Commission / NMOneSource — current NMSA Chapter 57
• NMOneSource — current NMSA Chapter 37
• Office of the Law Revision Counsel — 28 U.S.C. § 1331
• Office of the Law Revision Counsel — 28 U.S.C. § 1367
• Office of the Law Revision Counsel — 28 U.S.C. § 1391
• United States Courts — Federal Rules of Civil Procedure, December 1, 2025

Current official sources and every citation in this file were checked on August 14, 2026. The OLRC preliminary-code amendment histories show no 2025 or 2026 amendment to the cited FDCPA sections. Citation-index screening found no enacted 2025 or 2026 amendment to NMSA 1978 §§ 37-1-4, 57-12-2, 57-12-3, or 57-12-10. No case citation is retained in this template.

Disclaimer: This is an informational drafting aid, not legal advice or an official form. Qualified counsel must verify every claim, fact, deadline, defense, remedy, rule, and filing requirement before use.