New Mexico Statutes
Article 18A - Collection Agencies
Section 61-18A-5 - Unlawful to conduct collection agency or engage in the business of a repossessor without license.

A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from another of any claim or advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained the licenses required by the Collection Agency Regulatory Act.
B. No person shall conduct within this state the business of a repossessor without having first applied for and obtained a repossessor's license.
C. No person shall be considered to be engaged in collection activity within this state if that person's activities regarding this state are limited to collecting debts not incurred in New Mexico from debtors located in this state by means of interstate communications, including telephone, mail or facsimile transmission, from the person's location in another state.
History: Laws 1987, ch. 252, § 5; 1993, ch. 213, § 1.
The 1993 amendment, effective June 18, 1993, added Subsection C.
Violations of federal law. — A debt collection agency violated provisions of the federal Fair Debt Collection Practices Act by engaging in collection activity in New Mexico without a license. Russey v. Rankin, 911 F. Supp. 1449 (D.N.M. 1995).

Structure New Mexico Statutes

New Mexico Statutes

Chapter 61 - Professional and Occupational Licenses

Article 18A - Collection Agencies

Section 61-18A-1 - Short title.

Section 61-18A-2 - Definitions.

Section 61-18A-3 - Administration and enforcement.

Section 61-18A-4 - Rules and regulations; violations.

Section 61-18A-5 - Unlawful to conduct collection agency or engage in the business of a repossessor without license.

Section 61-18A-6 - Penalty for violations.

Section 61-18A-7 - Application for license.

Section 61-18A-8 - Applications; required information.

Section 61-18A-9 - Financial statement.

Section 61-18A-10 - Manager's license and examination.

Section 61-18A-11 - Qualification of manager applicants.

Section 61-18A-12 - Approval of applications.

Section 61-18A-13 - Denial of applications.

Section 61-18A-14 - License to foreign corporation or partnership.

Section 61-18A-15 - Surety bond.

Section 61-18A-16 - Information to be included in collection agency license.

Section 61-18A-17 - Right granted by license.

Section 61-18A-18 - Repealed.

Section 61-18A-19 - Change of location; ownership or name; duplicate license.

Section 61-18A-20 - Temporary license.

Section 61-18A-21 - Branch office.

Section 61-18A-22 - Office management; license.

Section 61-18A-23 - Loss of qualified person.

Section 61-18A-24 - Repealed.

Section 61-18A-25 - Unauthorized practice as collection agency.

Section 61-18A-26 - Assignments; right to sue.

Section 61-18A-27 - Renewal of license; fee.

Section 61-18A-28 - Remittance of collections to clients.

Section 61-18A-28.1 - Additional collection from debtors.

Section 61-18A-29 - Repealed.

Section 61-18A-30 - Fees.

Section 61-18A-31 - Deposit of moneys in general fund.

Section 61-18A-32 - Judicial review.

Section 61-18A-33 - Grandfather clause.