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New Mexico Questions & Answers
1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Three car accident, was 3rd hit. At fault driver insurance says can't pay until all parties sign off

I was the 3rd car hit in a 3 car accident. The at fault driver's insurance was a $25,000 limit. No injuries reported from us or the person who hit me because of the person who hit him. Settlement on my side for repairs was settled, and OOP expenses was additional (hotel, rental car, food etc)... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

A New Mexico attorney could advise best, but your question remains open for three weeks. As a general rule nationwide, it's possible that not having unanimous agreement among all parties in a multi-car accident could result in delays when there are low policy limits. A policy will usually... Read more »

1 Answer | Asked in Uncategorized for New Mexico on
Q: Hi. I would like to know if it is difficult to graduate in law school and if the effort is worth the results?

The reason I ask is because it seems like it takes a lot of work and several years to graduate and I am also trying to understand if this is the right career path for someone wanting to make enough money.

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2022

A New Mexico attorney could probably answer best, but your question remains open for a week. Most schools that lead to a professional degree will involve considerable effort, whether it's law, nursing, accounting, or other. Maybe the best way to answer your question and make your decision is... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: see details on question of NM statue covering required level of repair to not at fault driver's car.

I was rear ended at a stop light, which was red. Other driver stopped, exchanged license/ insurance. There has been no argument as who's at fault. I have a 2019 Ford Edge, it was still under the 3 year/30,000 mile factory warrantee, only has 13,000 miles on it, absolutely no... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to arrange a brief consult with a local attorney to discuss your choices under state-specific consumer/insurance law. A law firm would probably not handle something of this nature on a contingency... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Mexico on
Q: Does Apartment Owe Me?

In April my apartment living room was flooded with about 1.5 inches of water while I was at work. The management deemed it a biohazard due to potential mold and I was not allowed in my apartment and essentially evicted on the spot. 5 days after the flood I got a call from management while I was at... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys to try to arrange a free initial consult for discussing a property loss claim. There are a number of issues to sort out here, in terms of insurance, records to validate the... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Call the Court in your County that handles Probate and ask them. It should not be difficult. But if Probate costs too much, you might try an Affidavit of Heirship. Possibly legal aid might assist. It can be recorded and might then suffice for the Bank to release funds to the Next of Kin.... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for New Mexico on
Q: Sold a small piece of land in New Mexico which included mineral rights. Are oil and gas considered minerals?

Who is responsible for notifying Producer of royalties of ownership change? Is a separate deed required?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Oil and Gas are definitely Minerals anywhere. As the Seller you might notify the State so you are not taxed or regulated in the future.

1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I sue someone for hitting my car and saying they would pay because they didn’t have insurance but still hasn’t paid?

I got a police report and it states that he told them he would take care of it and I have texted messages from him saying he will bring the money but keeps giving me an excuse the day he is supposed to bring it to me. He also had no insurance at the time of the accident and has recently bought a... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. It's possible you might have options through your own insurance under UM (uninsured motorist) coverage. One would need to see the policy to say for certain. You could review your policy provisions with your... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: Is it illegal to trap someone in a virtual environment and not let them out?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. If the virtual environment is in the setting of a video game or something similar that the players are engaged in voluntarily, that would probably not be illegal. If the virtual environment is in the form of... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: My father passed away without a will and my stepmom said it's all hers is she correct or am I supposed to get something?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

Hire a competent NM attorney to search the Title. At least look at the Deed and see who the grantees are. StepMother probably either owns it outright under the current Deed as the survivor, or she and the other Heirs At Law (which includes you) are now Tenants In Common. If the latter, you... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for New Mexico on
Q: I need a lawyer and I am broke

Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

I cannot help you as I am only licensed in California, but a lot of attorneys take cases on a contingency fee basis, which means that you only pay legal fees when you win.

1 Answer | Asked in Personal Injury and Probate for New Mexico on
Q: New Mexico: Husband was on commission paid 60 days after earned. Is that estate or community property?

Individual debt $15,000.

Total amount in estate now is only $14,000. How to handle. More than happy to set up appt to discuss.

Also death caused by medication error—personal injury possible?

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm very sorry for your loss. There are a couple of different areas of law here, and I can only speak for the medication-related issue. Most firms that handle such cases offer free initial consults. In terms... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Employment Law and Business Law for New Mexico on
Q: Can a non profit (501 (c)) offer in a contract to pay a percentage of the profits, thanks
Matthew Morris
Matthew Morris
answered on Aug 9, 2022

It depends. Because you tagged this question with both "business" and "employment," I'm assuming that the profit-sharing contract you are asking about is a contract with an employee of the nonprofit organization. If so, you are dealing with a question involving a topic that... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a trustee need unanimous consent from beneficiaries to list trust property for sale?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 20, 2022

Your question cannot be answered without reviewing the trust instrument, but typically the answer would be no, the trustee does not require beneficiary consent to sell property.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can I fire my attorney and can I switch to chapter 7 as well and still keep my car making payments on time

I'm currently for the next year now on unemployment and they know about that when I started the process

Timothy Denison
Timothy Denison
answered on Jul 14, 2022

Yes. You can.

2 Answers | Asked in Bankruptcy and Tax Law for New Mexico on
Q: should i take care of irs debt before filing for bankruptcy?

I want to file for bankruptcy. I think i was a victim of a scam. I have not filed my taxes for 2020 and 2021 and know that I owe $140K for 2020 and will owe for 2021 and 2022. I wont be able to pay those in my lifetime. I took out loans and a lot of my retirement funds in 2020 and 2021 with a scam.... Read more »

David Luther Woodward
David Luther Woodward
answered on Jul 11, 2022

You should go see a good bankruptcy lawyer because you sound like a candidate for relief. On a board like this individualized advice is impossible.

When you go to the lawyer be prepared to complete a questionnaire that will list all your assets and all debts. Your best tax relief can come...
Read more »

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1 Answer | Asked in Uncategorized for New Mexico on
Q: Hello I want to ask how can I prepare and what I should now to become a lawyer. Going into 11th grade want to be prepare

To be specific I want to know

What should I do after I graduate

What courses to take in college

What are the steps to take after college

William Jaksa
William Jaksa
answered on Jun 30, 2022

Find something that you are interested in college and do well. Good law schools need good marks, most of the time the undergraduate degree area of study is not as important. If you are interested in a particular subject area (sports, medicine, technology, politics) I am almost certain there is an... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I spent 17 years in prison and got no help from the government when I was released June 7, 2022 I am pretty much homeles

No transportation no state I.D. no job assistance, no food,clothes no help whatsoever. Florida State Prison just abandoned meas well Pride Enterprises.

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

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