N.M. Stat. § 56-1-3
Retail charge agreements.
A. Each retail charge agreement shall be in writing and signed by the buyer. A copy
of any such agreement executed on or after the effective date of this act shall be
delivered or mailed to the buyer prior to the date on which the first payment is due
thereunder. Any acknowledgment by the buyer of delivery of a copy of the agreement
contained in the body thereof shall be in a size equal to at least ten point bold type and
shall appear directly above the buyer's signature. No agreement executed on or after
the effective date of this act shall be signed by the buyer when it contains blank spaces
to be filled in after it has been signed. The buyer's acknowledgment, conforming to the
requirements of this subsection, of delivery of a copy of an agreement, shall be
presumptive proof, in any action or proceeding, of such delivery and that the agreement,
when signed, did not contain any blank spaces as herein provided. All retail charge
agreements executed on or after the effective date of this act shall state the maximum
amount and rate of the time price differential to be charged and paid pursuant thereto.
Any such agreement shall contain substantially the following notice printed or typed in a
size equal to at least ten point bold type:
"NOTICE TO THE BUYER - DO NOT SIGN THIS AGREEMENT BEFORE YOU
READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY
OF THE AGREEMENT YOU SIGN."
B. The buyer under the retail charge agreement shall promptly be supplied with a
statement as of the end of each monthly period, which need not be a calendar month, or
other regular period agreed upon in writing, at the end of which there is any unpaid
balance thereunder, which statement shall recite the following:
(1)
the unpaid balance under the retail charge agreement at the beginning
and at the end of the period;
(2)
the dollar amount of each purchase by the buyer during the period and
(unless a sales slip or a memorandum of each purchase has previously been furnished
the buyer or is attached to the statement) the purchase or posting date, a brief
description or identification and the cash price of each purchase;
(3)
the payments made by the buyer and any other credits to the buyer during
the period;
(4)
the amount, if any, of any time price differential for such period; and
(5)
a legend to the effect that the buyer may at any time pay his total unpaid
balance or any part thereof.
C. Notwithstanding the provisions of any other law, a retail charge agreement may
provide for, and the seller or holder may then charge, collect and receive, a time price
differential for the privilege of paying in installments thereunder.
The time price differential on a retail charge agreement shall be computed from
month to month (which need not be a calendar month) or other regular period, on all
amounts unpaid under the agreement at the beginning of each such period. The time
price differential under this subsection may be computed for all unpaid balances within a
range of not in excess of ten dollars [($10.00)] on the basis of the median amount within
such range, if as so computed such time price differential is applied to all unpaid
balances within such range.
A retail charge agreement may also provide for the payment of an attorney's
reasonable fee where it is referred for collection to an attorney not a salaried employee
of the holder of the retail charge agreement or any unpaid balance thereunder, and for
court costs and disbursements.