reglab/housing_qa huggingface dataset:
NM Stat § 61-18A-13 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-13 - Denial of applications.

The director may deny any license: A. if the applicant has ever had a license or its equivalent revoked; B. if the applicant is or was a partner, officer, director, trustee, manager or stockholder of any partnership, corporation or unincorporated association the license of which has been revoked; C. if the applicant or a partner, officer, director, trustee, stockholder or employee of the applicant has been convicted of a felony or any crime involving moral turpitude; or D. if the applicant has violated any provision of the Collection Agency Regulatory Act or rules and regulations established thereunder. History: Laws 1987, ch. 252, § 13.
NM Stat § 61-18A-14 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-14 - License to foreign corporation or partnership.

No collection agency license shall be issued to any foreign corporation or partnership unless it has fully complied with the laws of the state of New Mexico so as to entitle it to do business in the state; provided that the foreign corporation or partnership shall establish and maintain a collection agency in New Mexico at all times during the life of any collection agency license issued to the foreign corporation or partnership. All records of the collection agency located in New Mexico shall be maintained at the collection agency's principal office in New Mexico unless the collection agency records are maintained electronically, in which case, electronic records may be maintained at a location where the collection agency regularly maintains records. History: Laws 1987, ch. 252, § 14; 2012, ch. 11, § 1. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, permitted a foreign collection agency to maintain electronic records at a location where the collection agency regularly maintains records; in the first sentence, after "establish and maintain a", deleted "full time bona fide", after "during the life of any", added "collection agency", and after "license issued to", deleted "it" and added "the foreign corporation or partnership"; and in the second sentence, after "All records of the collection agency", added "located in New Mexico shall", after "maintained at the", added "collection agency's", and after "principal office in New Mexico", deleted "of such agency" and added the remainder of the sentence.
NM Stat § 61-18A-15 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-15 - Surety bond.

A. Prior to the issuance of any collection agency or repossessor's license or renewal thereof a surety bond in the penal sum of five thousand dollars ($5,000), which may by regulation or order of the director be increased, shall be filed with the division. The bond shall run to the people of the state of New Mexico, shall be executed and acknowledged by the applicant as principal and by a corporation which is licensed by the superintendent of insurance of this state to transact the business of fidelity and surety insurance, as surety. B. The surety bond shall provide for suit thereon by any person who has a cause of action under the Collection Agency Regulatory Act or rules and regulations established thereunder. C. No action shall be brought upon any bond after the expiration of three years from the date of the occurrence of the act upon which a claim is based. D. The bond shall be continuous in form and remain in full force and effect concurrently with the license and any renewals thereof unless terminated or canceled by action of the surety as provided in the Collection Agency Regulatory Act. E. Upon the filing of thirty days' written notice with the director by any surety company of its withdrawal as the surety of any licensee, the director shall forthwith give notice to the licensee of the withdrawal which notice shall be by certified mail with request for return receipt and shall be addressed to the licensee at its main office in New Mexico as shown by the records of the director. The license of any licensee shall be void upon the termination of the bond by the surety company unless, prior to termination, a new bond has been filed with the division. F. Should the license of any company to transact fidelity and surety insurance business in this state be canceled, revoked or otherwise terminated, all collection agency bonds for which such surety company is surety are thereupon and thereby canceled. Upon such cancellation, the license of any licensee having such a bond posted is suspended and shall remain suspended until a new and valid bond is filed, provided however that failure of any such licensee to file a new bond within thirty days after being advised by the director in writing of the necessity of doing so shall ipso facto revoke the license. History: Laws 1987, ch. 252, § 15.
NM Stat § 61-18A-16 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-16 - Information to be included in collection agency license.

The license when issued shall state: A. that it is issued pursuant to the Collection Agency Regulatory Act and the rules and regulations established thereunder and that the licensee is duly authorized to conduct business under the Collection Agency Regulatory Act; B. the names of the owners of the licensee, if a sole proprietorship or partnership; and if a corporation, the name shall be followed by the words "a corporation"; C. the name under which the licensee is to operate; D. the location by street number, city, county and state where the licensee is to conduct business; and E. the number and the date of the license. History: Laws 1987, ch. 252, § 16.
NM Stat § 61-18A-17 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-17 - Right granted by license.

Upon receipt of the license, the licensee has the right to conduct the business of a collection agency, repossessor, manager or solicitor with all the powers and privileges applicable thereto, contained in but subject always to all the provisions of the Collection Agency Regulatory Act and any rules and regulations established thereunder. History: Laws 1987, ch. 252, § 17.
NM Stat § 61-18A-18 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-18 - Repealed.

History: Laws 1987, ch. 252, § 18; repealed by Laws 2019, ch. 144, § 31. ANNOTATIONSRepeals. — Laws 2019, ch. 144, § 31 repealed 61-18A-18 NMSA 1978, as enacted by Laws 1987, ch. 252, § 18, relating to display of license, duration, effective July 1, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 61-18A-19 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-19 - Change of location; ownership or name; duplicate license.

A. Upon any change of street address from that stated in the collection agency or repossessor license or any change of the business name therein shown, the licensee shall, within five days thereafter, deposit the license and written notification of the change of address or name, together with the duplicate license fee with the director. The director shall thereupon enter the change in his records, retain and file the surrendered license and issue to the licensee a duplicate license setting forth the new name or address, or both, but bearing the same date and number as the surrendered license. If the license is not deposited with the director within the time prescribed, then upon the lapse of the five-day period the license shall be and remain suspended until so deposited. B. Upon any change of ownership of a licensee, if a sole proprietorship or partnership, or upon any change of ownership of more than fifty percent of the shares or voting rights, if a corporation, all licenses issued to a licensee are void unless, prior to such change of ownership, the prospective new owners have notified the director of the proposed acquisition have satisfied the director that they qualify to be licensed pursuant to the Collection Agency Regulatory Act. C. Every licensed corporation and unincorporated association shall promptly file with the director a written report of any transfer, issuance, cancellation or redemption of stock voting rights or membership amounting to ten percent or more of the total voting stock or memberships then outstanding. History: Laws 1987, ch. 252, § 19.
NM Stat § 61-18A-20 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-20 - Temporary license.

For the purpose of winding up the affairs and discontinuance or sale of the business of a licensee, in the event of death of the licensed manager or dissolution of a partnership, the director shall, upon proper application, issue a temporary license to the personal representative or, to the nominee of the personal representative of the deceased or to a surviving partner in the case of the dissolution of a partnership. The application shall be in writing, subscribed and sworn to by the person to whom the temporary license is to be issued. The application shall be accompanied by the temporary license fee specified in the Collection Agency Regulatory Act. A temporary license shall be effective for a period of one year and shall not thereafter be renewed or continued. History: Laws 1987, ch. 252, § 20.
NM Stat § 61-18A-21 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-21 - Branch office.

Application for a license for a branch office or offices may be made by any licensee. The application shall state the location and address of the branch office and the name and address of the person to be actively in charge. The application shall be accompanied by a rider or endorsement to the licensee's surety bond increasing the penal sum of the bond by five thousand dollars ($5,000) and a license fee in the same amount as required for the principal office. History: Laws 1987, ch. 252, § 21.
NM Stat § 61-18A-22 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-22 - Office management; license.

A. Every licensed office of a collection agency, whether a principal or branch office, shall be under the active charge of a licensed manager. Each manager's license shall be issued by the director upon qualification by the applicant and shall be renewed annually upon application accompanied by the manager's renewal license fee, which application is to be filed with the division on or before November 30 of each year. Unless so renewed, each manager's license shall expire on January 1 unless previously revoked or canceled.B. As used in this section, "under the active charge of a licensed manager" means that a licensed manager shall be physically present at the licensee's office at least seventy-five percent of the time during which the office is open for business.History: Laws 1987, ch. 252, § 22; 2019, ch. 144, § 29. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, revised the deadline for renewing an office management license, and changed the expiration month for an office management license that is not renewed by the deadline; in Subsection A, after "on or before", deleted "May 31" and added "November 30", and after "shall expire", deleted "June 30" and added "January 1"; and in Subsection B, after "licensed manager", deleted "must" and added "shall".
NM Stat § 61-18A-23 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-23 - Loss of qualified person.

Whenever a licensed manager ceases to be in charge of an office, the licensee shall notify the director in writing within ten days from such cessation. If the notice is given, the collection agency license shall remain in force for a reasonable period to be determined by the rules and regulations. If the licensee fails to give the notice as required at the end of the ten-day period the collection agency license shall be ipso facto suspended, but the license shall be reinstated upon the filing of an affidavit by the licensee to the effect that the person formerly in charge of the office has been replaced by a licensed manager. History: Laws 1987, ch. 252, § 23.
NM Stat § 61-18A-24 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-24 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 55, § 94 repealed 61-18A-24 NMSA 1978 as enacted by Laws 1987, ch. 252, § 24, relating to proceedings in connection with issuance, renewal, suspension, denial or revocation, effective September 1, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 61-18A-25 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-25 - Unauthorized practice as collection agency.

No person, who is not a duly licensed and qualified collection agency, shall print, publish or otherwise prepare for distribution any system of collection letters, demand forms or other printed matter upon his stationery or upon stationery upon which the said person's name appears in such a manner as to indicate that a demand is being made by such person for the payment of any sums due or asserted to be due, where such forms containing such message are to be sold or furnished to anyone by such other person at any address different from the address of the person issuing such system of collection letters, demand forms or other printed material. History: Laws 1987, ch. 252, § 25.
NM Stat § 61-18A-26 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-26 - Assignments; right to sue.

Nothing in the Collection Agency Regulatory Act shall be construed to prevent collection agencies from taking assignments of claims in their own name as real parties in interest for the purpose of billing and collection and bringing suit in their own names; provided that no suit allowed by this section may be instituted on behalf of a collection agency in a court unless the collection agency appears by a duly authorized and licensed attorney-at-law. History: Laws 1987, ch. 252, § 26; 2021, ch. 31, § 13. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, removed a provision authorizing a court, in its discretion, to order payment of attorney fees and costs to the prevailing party in certain debt collection lawsuits; and deleted "In such a suit, the court may, in its discretion, authorize payment of reasonable attorney fees and costs to the prevailing party.".Pro forma assignments. — This section does not authorize the practice of taking the assignment of debts from an underlying creditor on a contingency fee basis and the filing of a suit by the collection agency's own attorneys in the collection agency's own name. Kolker v. Duke City Collection Agency, 750 F. Supp. 468 (D.N.M. 1990). Practice of law not authorized. — This section cannot authorize collection agencies to practice law by bringing suits on nominally assigned claims in state court, since the regulation of the practice of law is an exclusive prerogative of the New Mexico Supreme Court. Martinez v. Albuquerque Collection Servs., Inc., 867 F. Supp. 1495 (D.N.M. 1994).
NM Stat § 61-18A-27 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-27 - Renewal of license; fee.

A. A licensee desiring renewal of the licensee's license shall, on or before November 30 of each year, file with the director an application for renewal on forms as may be designated by the director. The application shall be accompanied by the renewal fee. B. The director shall issue a renewal license that shall be dated January 1 next ensuing and shall bear the date to and including which the license is renewed.History: Laws 1987, ch. 252, § 27; 2019, ch. 144, § 30. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, revised the deadline for renewing a license required by the Collection Agency Regulatory Act, and provided that renewed licenses shall be dated "January 1"; added new subsection designations "A" and "B"; in Subsection A, after "on or before", deleted "May 31" and added "November 30"; and in Subsection B, after "dated", deleted "July 1" and added "January 1".
NM Stat § 61-18A-28 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-28 - Remittance of collections to clients.

All collection agencies shall remit to their clients the proceeds of all collections, after deducting their commission, other lawful expenses and any amounts collected pursuant to Section 61-18A-28.1 NMSA 1978, within forty days of such collection unless otherwise provided by regulation. History: Laws 1987, ch. 252, § 28; 1992, ch. 36, § 1. ANNOTATIONSThe 1992 amendment, effective May 20, 1992, substituted "shall remit" for "must remit", inserted "and any amounts collected pursuant to Section 61-18A-28.1 NMSA 1978", and made a stylistic change.
NM Stat § 61-18A-28.1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-28.1 - Additional collection from debtors.

A. Unless the agreement between the debtor and the creditor or the agreement between the collection agency and the creditor otherwise expressly prohibits, a collection agency may collect from the debtor an amount equal to the gross receipts tax and the local option gross receipts taxes, as those terms are defined in the Gross Receipts and Compensating Tax Act [7-9-1 NMSA 1978], imposed on the receipts of the collection agency that result from the collection of a debt from the debtor. B. For purposes of this section, a collection agency does not mean a person who collects his own debts using a name other than his own which would indicate that a third person is collecting or attempting to collect such debts. History: 1978 Comp., § 61-18A-28.1, enacted by Laws 1992, ch. 36, § 2. ANNOTATIONSLevy of additional tax not authorized. — This section does not authorize collection agencies to levy an additional gross receipts tax on the commission portion of the referred debt if the creditor has already assessed a gross receipts tax on the entire balance. Martinez v. Albuquerque Collection Servs., Inc., 867 F. Supp. 1495 (D.N.M. 1994).
NM Stat § 61-18A-29 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-29 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 213, § 4 repeals former 61-18A-29 NMSA 1978, as enacted by Laws 1987, ch. 252, § 29, concerning the issuance of a solicitor's license, effective June 18, 1993. For provisions of former section, see 1992 Cumulative Supplement.
NM Stat § 61-18A-30 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-30 - Fees.

Except as provided in Section 61-1-34 NMSA 1978, the director shall charge and collect the following fees:A. an original license fee for a collection agency or branch thereof, of five hundred dollars ($500);B. a renewal fee for a collection agency or branch thereof, of three hundred dollars ($300);C. a duplicate license fee of fifteen dollars ($15.00);D. a temporary license fee of thirty-five dollars ($35.00);E. a delinquency fee of ten dollars ($10.00) per day for each day of delinquency in filing applications for renewals;F. a manager's license examination fee of one hundred dollars ($100);G. a manager's license renewal fee of fifty dollars ($50.00);H. a fee of five dollars ($5.00) for each copy of any issue or edition of the Collection Agency Regulatory Act and rules and regulations;I. a fee of five dollars ($5.00) for each list of licensees in good standing;J. a fee of two hundred dollars ($200) per day or fraction thereof for each examiner of the division engaged in an examination or investigation of a licensee, not to exceed five examiner-days per calendar year. If the examination or investigation is an out-of-state examination or investigation, the licensee shall reimburse the division the actual travel costs incurred to perform the examination or investigation; andK. an original license fee or renewal license fee for a repossessor of two hundred fifty dollars ($250).History: Laws 1987, ch. 252, § 30; 1993, ch. 213, § 3; 2020, ch. 6, § 47. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".The 1993 amendment, effective June 18, 1993, substituted "five hundred dollars ($500)" for "two hundred dollars ($200)" in Subsection A, "three hundred dollars ($300)" for "two hundred dollars ($200)" in Subsection B, "one hundred dollars ($100)" for "fifty dollars ($50.00)" in Subsection F, and "fifty dollars ($50.00)" for "thirty-five dollars ($35.00)" in Subsection G; deleted former Subsections J and K, providing for a solicitor's certificate fee of $7.50, and a fee of $100 for examination of a licensee's books, accounts, files and records; inserted present Subsection J; redesignated former Subsection L as present Subsection K; and substituted "two hundred fifty dollars ($250)" for "one hundred fifty dollars ($150)" in Subsection K.
NM Stat § 61-18A-31 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-31 - Deposit of moneys in general fund.

All money received under the Collection Agency Regulatory Act by the director shall be deposited in the office of the state treasurer. History: Laws 1987, ch. 252, § 31.
NM Stat § 61-18A-32 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-32 - Judicial review.

A person aggrieved by the decision of the director in the enforcement of the Collection Agency Regulatory Act [61-18A-1 NMSA 1978] may obtain judicial review in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1987, ch. 252, § 32; 1998, ch. 55, § 76; 1999, ch. 265, § 77. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 61-18A-33 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 18A - Collection Agencies|Section 61-18A-33 - Grandfather clause.

Any person properly licensed pursuant to the Collection Agency Act [61-18A-1 NMSA 1978] on the effective date of the enactment of the Collection Agency Regulatory Act is eligible to be granted a license under the provisions of the Collection Agency Regulatory Act. History: Laws 1987, ch. 252, § 33. ANNOTATIONSCompiler's notes. — The phrase "effective date of the enactment of the Collection Agency Regulatory Act" means July 1, 1987, the effective date of Laws 1987, ch. 252.
NM Stat § 61-19-1 to 61-19-47 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 19 - Cosmetology (Repealed.)|Section 61-19-1 to 61-19-47 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 382, § 35 repealed former 61-19-1 to 61-19-47 NMSA 1978, relating to the regulation of cosmetology, effective April 6, 1979. For present comparable provisions, see Chapter 61, Article 17A NMSA 1978.