Security Deposit Question

[Anon5]

Jurisdiction

New Mexico

So, I just got a call from a collections agency a few days ago demanding I pay rent for a place I stayed at 2 years ago. The debt collectors provided me with a bill that was addressed to the complexes main office and not my building or my unit. I did not receive my security deposit in the mail or a copy of the bill. I put in mail forwarding at the post office but do not remember if I gave the landlord my forwarding address. Even so, they had my unit number at their place and my address before that (a parents home where I moved back to), they also had my cosigner's and emergency contact's address. Our lease had a clause that they can take charge of our matters and our address becomes their address if they are unable to contact after making "diligent efforts" to do so but I didn't receive a call or any mail from them and surrendered my unit to them while following our lease checkout procedure. What constitutes a diligent effort and is this legal? I really didn't get a bill and reached out to both the complex and the collector to get more information.The landlord wont get back to me and their debt collector is still pressuring me for money stating I owe money. There are other obvious problems I see on the bill like an incorrect move out date. Is this legal? What should someone in this situation do next?

 

[army judge]

Is this legal?

Maybe, maybe not.

a. Statute of Limitations NMSA 1978 §37 - - 1 et seq.
governs New Mexico's statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In New Mexico, the statute of limitations for open accounts is four years (depending on what type of debt - see link for more info), while the statute of limitations for written contracts is six years.

In New Mexico, if a creditor can provide a signed credit card agreement, the six year statute of limitations applies.
The cause of action accrues "on the last item therein," which can either be the last payment made on the account or the last statement sent to the debtor.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.

Based on the law, the collection effort itself isn't illegal.
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2011 New Mexico Statutes :: Chapter 37: Limitation of Actions; Abatement and Revivor :: Article 1: Limitations of Actions, 37-1-1 through 37-1-30 :: Section 37-1-4: Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions.
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2011 New Mexico Statutes :: Chapter 37: Limitation of Actions; Abatement and Revivor :: Article 1: Limitations of Actions, 37-1-1 through 37-1-30 :: Section 37-1-4: Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions.
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If, however, you believe you don't owe the debt, and the LL (collections agency does), it'll ultimately be decided by a court, IF you are sued.

Until you're sued, the agency can obey the law and seek to collect the debt.

What should someone in this situation do next?

You could send a letter to the LL and the agency explaining your rationale for not owing/paying the debt.

You could end by asking the agency to sue you, and let a court decide.

You could also consult a lawyer, and see if any additional remedies are available to you.

You could acquiesce to the agency's demands and pay the alleged amount in full, which should cease all collections activity.

Some people file bankruptcy when (in their mind) their debts are overwhelming, and/or unfair.