New Mexico has its own credit bureau law that sits alongside the federal Fair Credit Reporting Act (FCRA). NMSA 1978, Section 56-3-6 limits how long a credit bureau may report negative items. Most items, including collection accounts, charge-offs and judgments, are limited to seven years, with bankruptcies allowed for up to 14 years. The same section says a bureau must delete a negative item as soon as practical once it learns the original source can no longer verify it. The federal FCRA sets its own time limits, and federal law generally controls where the two differ.
Article 3A of Chapter 56, the Fair Credit Reporting and Identity Security Act, gives New Mexico residents the right to freeze their credit files. A bureau must place a freeze within three business days and send a confirmation and PIN within five business days. Federal law now makes freezes free at the three nationwide bureaus. Separately, New Mexico's 2021 Patients' Debt Collection Protection Act stops lawsuits, liens, garnishment and the sale of medical debt against patients who are found to be indigent.
FCRA lawsuits from New Mexico are filed in the U.S. District Court for the District of New Mexico, which holds court in Albuquerque, Las Cruces, Roswell and Santa Fe. A consumer may sue a credit bureau that fails to fix an error after a dispute, and a lender, collector or servicer that keeps reporting wrong information after the bureau sends it the dispute. The FCRA allows recovery of actual damages, statutory and punitive damages for willful violations, and attorney's fees.
Where New Mexico FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from New Mexico are heard in one federal district:
- District of New MexicoCourthouses: Albuquerque, Las Cruces, Roswell, Santa Fe.Our attorneys are admitted here
New Mexico laws that add to the FCRA
- New Mexico credit bureau reporting limits (NMSA 1978, § 56-3-6)
Sets maximum reporting periods for negative information, generally seven years for collections, judgments and most other items and 14 years for bankruptcies. Requires a bureau to delete a negative item as soon as practical once it learns the source can no longer verify it. Read it - Fair Credit Reporting and Identity Security Act (security freeze) (NMSA 1978, § 56-3A-1 and following; freeze at § 56-3A-3)
Lets a consumer place a security freeze on a credit file. The bureau must place it within three business days and send a confirmation and PIN within five business days, and the freeze stays until the consumer asks to remove it. Read it - Patients' Debt Collection Protection Act (2021 N.M. Laws, S.B. 71 (NMSA 1978, Chapter 57))
Bars collection actions, such as lawsuits, liens, garnishment and selling the debt, against patients found to be indigent, defined as household income at or below 200 percent of the federal poverty level. It also requires itemized bills and payment receipts for medical debt. Read it
Common credit report errors
- Accounts that aren't yours, including mixed-file and identity theft accounts
- Late payments you didn't make, or payments not credited
- Paid, settled or discharged debts still shown as owed
- Collections reported past the seven-year limit or re-aged
- A deceased indicator on a living person's file
Learn how these cases work on our credit report lawsuits page, or read our lawsuit guides for Equifax, Experian and TransUnion.
Frequently asked questions
How long can a collection account stay on my credit report in New Mexico?
Under the federal FCRA, most collection accounts and charge-offs can be reported for seven years, measured from 180 days after the account first went delinquent. New Mexico's Section 56-3-6 also uses a seven-year period for most negative items. If an old account is still showing after that time, you can dispute it with each credit bureau that reports it.
Does a credit freeze cost money in New Mexico?
No, not at the three nationwide credit bureaus. Federal law has required free freezes since 2018. New Mexico's own freeze law also waives fees for people 65 and older and for identity theft victims who provide a police report.
What if my credit report has accounts that belong to someone with a similar name?
This is called a mixed file. The FCRA requires credit bureaus to use reasonable procedures to assure maximum possible accuracy, and you can dispute the accounts that are not yours. If the bureau keeps mixing your file with someone else's after a dispute, you may have a claim in federal court in New Mexico.
How long do I have to file an FCRA lawsuit in New Mexico?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of New Mexico
- NMSA 1978, § 56-3-6 (FindLaw)
- NMSA 1978, § 56-3A-1, short title (FindLaw)
- NMSA 1978, § 56-3A-3, security freeze (FindLaw)
- 2021 N.M. Laws, S.B. 71, Patients' Debt Collection Protection Act (enrolled text)
- 2019 N.M. Laws, S.B. 96, Criminal Offender Employment Act amendment (enrolled text)
- 2019 N.M. Laws, H.B. 370, Criminal Record Expungement Act (enrolled text)
- NELP, Ban the Box: Fair Chance Hiring State and Local Guide
Updated November 2026. This page is general information, not legal advice.