Eva Bacevice | August 01, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: You have 30 days to respond to a debt lawsuit in New Mexico. To respond, you must file a written Answer addressing each claim against you and asserting your affirmative defenses. SoloSuit can help you draft and file an Answer and beat creditors and debt collectors in court.
Few things in life are more stressful than finding out you're being sued. These days, with money already being so tight, it can be even more stressful to find yourself on the receiving end of a debt collection lawsuit. If you know you can't afford to hire an attorney to help you out, it can be really tempting to want to ignore the lawsuit altogether. But if you do, that only guarantees that the other side will win, so you need to resist that temptation as hard as you can.
Besides, even though responding to a lawsuit on your own sounds intimidating, it's actually a lot easier than you might think. In this article we will walk you through all of the steps to help make it a little simpler. We'll even include information specific to New Mexico, like the response deadline, online court forms, and information about new and upcoming programs in the New Mexico court system.
Sued for debt in New Mexico? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.In New Mexico you have 30 days to file an Answer with the court after you're served the Summons and Complaint. The debt collection lawsuit begins as soon as the plaintiff (the party suing you) files the Summons and Complaint with the court. This starting date will be time-stamped by the Court on both documents you receive, as well as stated in the accompanying certificate of service. You will need to calculate the deadline to file your response from that filing date to make sure that you do not miss the 30 day deadline.
If you do not file a response before that deadline, the plaintiff can ask for the Court to grant something called a default judgment. This means that they win because you failed to respond within the allowed timeframe.
The default judgment has additional consequences as well. Because you failed to respond there was no dispute for any of the facts set forth by the plaintiff. This means they win a judgment for the full amount they requested, even if you believe that amount is inaccurate. It's too late to dispute once they have the default judgment. In addition, once they have a default judgment in their favor they can turn that Court order into a garnishment, which can take money out of your paycheck before you even see it. This will only make your financial circumstances harder than they were already, so you should do everything in your power to avoid handing them an easy victory.
SoloSuit's Answer form is the easiest way to draft and file an Answer to a debt collection lawsuit. you can do it on your own using the forms below. All you need to do is answer a few questions online, and Solosuit's software will translate your answers into the necessary legalese and proper formatting. When everything is drafted and ready to send, SoloSuit files the document in the court and sends it to the plaintiff for you.
If you'd rather take care of the Answer by yourself, you can do it on your own using the forms below.
If your case is in the New Mexico Magistrate Court (civil claims less than$10,000) there is an online Answer Form that you can use. You'll need to go to the New Mexico Courts Forms site, choose “Magistrate Court,” then choose “Civil,” and click on option “4-301 - Answer to civil complaint” to access a pdf copy of the form. If your New Mexico debt collection case is for more than $10,000, then you will likely be in District court. In this case you will need to format and draft your own response, which we will explain in detail later in the article.
Luckily, there is no fee to file an Answer in New Mexico. However, if you plan to file any other type of legal document, there may be a fee associated with it.
New Mexico Court costs are listed here for each district.
It may well sound intimidating to think about writing your own response to a legal action, but it's actually much easier than you are expecting. So long as you follow the three steps below, each of which we will explore further in detail, you will give yourself the best chance to be victorious in your debt collection lawsuit.
Keep reading to learn more about each step. Otherwise, watch the following video to learn more:
There are a few items specific to New Mexico that you should know before creating your Answer document that may impact your timing. First, in September of 2019, New Mexico courts launched a new statewide program for online dispute resolution for lawsuits concerning consumer debt. This option, which is only available for a limited period at the beginning of a lawsuit, allows for quicker resolution of these cases without a court trial.
Second, in June of 2020 the State Supreme Court of New Mexico suspended the issuance of any new writs of garnishment and writs of execution for consumer debt collection in district, magistrate and metropolitan court cases due to the ongoing public health crisis. Garnishments, as we discussed above, allow for the opportunity to take money directly out of your paycheck or bank account by the holder of a court order. For the time being there is temporary relief from these measures.
Regardless of any stay on garnishment orders, however, make certain that you are still responding to the Complaint within the 30 day timeframe. It's still vital to avoid any default judgment. The clock starts on that 30 days from the date that the Summons and Complaint were filed.
The Complaint document outlines each claim against you. It's up to you to go through each claim separately and respond in corresponding order. Give each answer same numerical order of the allegations so that it is clear which response goes with which issue, and use of on the three answer choices below:
If your case is in Magistrate Court and you are using the online “Answer to Complaint” form you'll need to consolidate your responses into a couple of specific categories in response to the form of the document. The first paragraph asks you to list any reasons that “the Plaintiff is not entitled to the amount claimed because” so here you would fill in any disputes about whether you owe the claim or the amount etc. If you have more to say than will fit on the lines provided you can attach additional sheets of paper as needed.
Alternatively you can answer three additional queries, beginning with asking you to offer any reasons that “the personal property claimed by Plaintiff should not be turned over to Plaintiff because.” That route goes on to ask you a second question, if applicable, that the “Defendant asserts the following counterclaim or set-off against the Plaintiff.” We will discuss the answer to this question in more depth in the next step for your response. The final query on this route is to ask whether a “trial by jury is demanded,” which if chosen requires an additional fee at filing.
SoloSuit makes it simple to respond the right way.
This next section is where you get to fight back, by using any and all applicable affirmative defenses. An affirmative defense is any reason that you can assert to show that that the plaintiff doesn't have a case. You can find a complete list of all affirmative defenses allowed in New Mexico in New Mexico's Rules of Civil Procedures Rule 1-008 (C.) If you're using the form for Magistrate court you can include this information in the three question route, under question number two.
With SoloSuit you can make the right affirmative defenses the right way.
We will discuss some of the more common affirmative defenses briefly below, but please note that this does not include all the possible choices.
After you go through all of your affirmative defenses you can also explore any counterclaims against the plaintiff. Counterclaims might be appropriate in the event that you can show that the plaintiff violated New Mexico debt collection laws. New Mexico follows the federal Fair Debt Collection Practices Act and supplements that protection with the New Mexico Fair Debt Collection Practices Act 61-18A-1 to further protect consumers. Do keep in mind, however, that counterclaims can be very complex and would best be pursued with the assistance of knowledgeable legal counsel.
Make the right defense the right way with SoloSuit.
Finally, make certain that after you've put in all of your hard work to draft your Answer that you file it properly with the Court before the 30 day deadline.
To complete this final step of filing your answer you will need to do the following:
It can be helpful to print an additional copy for your own records and for use at any hearing or alternative dispute proceeding.
Now, let's consider an example of how to respond to a debt lawsuit in New Mexico.
Example: Paula is being sued by LVNV Funding in New Mexico for a $4,000 debt that she doesn't owe. She uses SoloSuit to respond to the debt lawsuit with an Answer before New Mexico's deadline, which is 30 days. In her Answer document, Paula denies each claim against her and lists her affirmative defenses, including the fact that she already paid off the debt. SoloSuit electronically files the Answer for Paula, and after a few weeks, she finds out that LVNV Funding is withdrawing the case.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
The New Mexico Statute of Limitations varies depending on the type of type, as outlined in New Mexico Statutes §37. For any open or oral contract, the statue of limitation on New Mexico debt collection is four years. For debt incurred by credit card, mortgage, or loans, the statute of lmitations is six years in New Mexico. This includes written or promissory contracts, like medical debt. Once this time period has passed for the appropriate type of debt, recovery through the court system is no longer an option for collection purposes.
The table below further outlines the statute of limitations on different types of debt in New Mexico.
Debt Type | Deadline |
---|---|
Open Account | 4 years |
Oral contract | 4 years |
Credit Card | 6 years |
Student Loan | 6 years |
Medical | 6 years |
Auto Loan | 6 years |
Mortgage | 6 years |
Personal Loan | 6 years |
Judgment | 14 years |
N.M. Stat. § 37-1-2, 3, 4 |
Settling debt can help you solve your financial difficulties by reducing the amount and number of debts you have to pay. Debt settlement will help get debt collectors off your back at any point during the collection process. However, it is advisable not to wait until you are sued to settle a debt. Here are the steps to take when you want to settle debt in New Mexico after receiving a lawsuit.
Do not make the mistake of approaching your creditor for settlement without sending an Answer. It may bear little fruit as the case will still continue in court, and your creditor may receive a default judgment. This judgment means they may be granted permission to access your wages or bank account.
You have 30 days in New Mexico to respond to the lawsuit. Ensure you answer the allegations with “Deny,” Admit,” or “Deny for Lack of Knowledge.” Remember to list the affirmative defenses that will support your case and may push the creditor to settle the debt rather than proceed with the case. Learn more on how to draft your answer in the following video.
If you do not have a lawsuit, this will be your first step. Otherwise, this is the second step after you have responded to the lawsuit and confirmed the courts have received it. First, assess your financial situation and determine how much you have for debt settlement.
Next, send a debt settlement letter or use SoloSettle to start the negotiation process. Leave room to negotiate upwards if the creditor responds with a counteroffer. Explain your situation to them, but be aware that they may investigate to confirm that you do not have the means to pay.
Once you reach a settlement deal, do not make any payments until the debt collector agrees to sign a written document. Some debt collectors are known to come back after a few weeks or months and try to collect the remaining balance. The letter should quote how much you will be paying to settle the debt in full. Include a section saying the creditor agreed to drop the lawsuit (if relevant) and mark your debt as paid or settled on your credit report. SoloSuit takes care of the paperwork once you reach an agreement with the creditor after using SoloSettle.
For more information on these three steps and how SoloSettle can help you resolve your debt lawsuit, watch the video below.
Finding your debt collection lawsuit in New Mexico is relatively easy. The New Mexico Inspection of Public Records Act allows you to view and make copies of your case. To succeed in finding an old or recent case, perform a quick search online or go physically to the courthouse and provide them with any of the following information:
This information will help you find the lawsuit so you can check the status of your New Mexico court case and stay updated on any other court dates or documents filed, which could significanly increase your chances of winning your case. To find the status of your case, you can use New Mexico's statewide court case search tool or Secured Odyssey Public Access. Follow these steps to find your case using the statewide case search tool:
If you prefer using Secured Odyssey Public Access (SOPA), visit the website, register with Odyssey, and enter the details as requested. Even when you do not have the case number, entering your name and the dates the case was filed or heard will give you the results you need, including the case number.
You can simplify the process of finding your case, especially if you plan to visit the courthouse, by knowing the court your case belongs to. New Mexico has four levels of court. They include:
Your case is likely in your county’s Magistrate Court under the small claims division of less than $10,000. If you owe the creditor more than $10,000, you will likely find your case in your county’s District Court.
Debt relief programs have helped numerous New Mexicans manage their debt. Charitable organizations have also given indirect assistance by providing free or subsidized necessities like food, shelter, and healthcare.
Unfortunately, statistics still indicate that New Mexico is considered among the top states in the U.S. where residents spend more than they earn. In a recent analysis, it had a 119% spending rate. This means that every New Mexican owes $1.19 for every dollar earned, giving residents a valid reason to consider debt relief.
As you look for a debt relief program, the first step is to check if all your debts are still within the statute of limitation. If your debt has expired, the debt collector cannot sue you for debt, but they can continue their attempts to collect. For instance, credit card debt, auto loans, and medical loans expire after six years, while state taxes take ten years to expire. Let’s look at some examples of how to find debt relief in Mexico:
As you consider which debt relief program to work with, do thorough research to ensure you are not scammed. Scammers often ask for upfront fees, refuse to provide a written contract, pressure you to sign documents before you read through them, and may make unrealistic promises and guarantees.
New Mexico allows creditors to take a percentage of your income if you fail to keep up with your debt payment. The debt collector receives this permission after filing a lawsuit, winning the case, applying for a Writ of Garnishment, and receiving a garnishment order. To keep the creditor from receiving a garnishment order, you must respond to the lawsuit with an Answer before the 30-day deadline. The affirmative defenses you include may help you win the case or prevent the judge from issuing a garnishment order.
In New Mexico, creditors are permitted to garnish up to 25% of your disposable income, provided you earn 40 times the minimum hourly wage every week. The hourly rate for New Mexico is $11,50. Therefore, you must make more than $460 every week for your wages to qualify for garnishment. The following are the various ways you can stop wage garnishment in New Mexico:
New Mexico has organizations, such as New Mexico Temporary Assistance for Needy Families (TANF) and Low Income Home Energy Assistance Program (LIHEAP), that provide necessities if you are struggling to make ends meet with a garnishment order in place. Reach out to these services before settling for bankruptcy.
Consumers in New Mexico are protected from unfair business practices by debt collectors using the New Mexico Fair Debt Collection Practices Act (NMFDCPA) and the Fair Debt Collection Practices Act (FDCPA). The NMFDCPA offers state-level protection from unscrupulous debt collectors who take advantage of their resources to harass consumers. These guidelines reflect what is already in the FDCPA with slight variations. The state laws prohibit debt collectors from:
Suppose a debt collector in New Mexico is found guilty of unfair business practices. In that case, they may be ordered to pay you the actual damages incurred as a result of the violation and additional charges not exceeding $1,000.
The FDCPA protects you at a national level from deceptive and inappropriate debt collection practices. It prohibits the debt collector from:
New Mexico debt collection laws also permit you to dispute, challenge, and contest any debt collection efforts. If you believe the debt is not yours or the amount is inaccurate, you can send a dispute letter to the creditor. Credit bureaus also investigate dispute letters consumers send complaining about an inaccurate debt on their credit report. Once the credit bureaus confirm your allegations, they will correct the error or remove the debt from your credit report.
The statute of limitation is also another law that prevents consumers from being sued for a debt that has expired. In New Mexico, a debt collector cannot take you to court for a credit card, medical, auto, student, mortgage, or personal loan after six years have elapsed. If you believe your debt has passed the statute of limitation, add it as an affirmative defense in your Answer document, and the case will likely be dismissed.
Every state has at least one government-funded organization that provides free legal services to people who cannot otherwise afford assistance. For New Mexico you can reach out to the following:
Not sure where to appear for your court date? Check out this directory of New Mexico Court Locations to find your local courthouse and clerk's information.
So, in short, here's the review on how to answer a summons for debt collection in New Mexico.
Complete the following three steps:
Remember to check the New Mexico statute of limitations on debt, which ranges from four to six years, depending on the type of debt involved.
Good Luck!
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
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Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
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