Asked in Contracts, Real Estate Law and Civil Litigation for New Mexico

Q: Can I have a default judgement set aside?

A former friend and I drew up a contract for the sale of a lot that is part of my mother's estate. She failed to make any payments, then she sued me for breach of contract. She lied saying I misrepresented the lot as being developed and claimed she had to install all utilities, when it was a fully developed lot that my family lived on for 26 years. I missed the hearing when my abusive ex-partner and former friend colluded together with my ex, filing for a TRO based on lies the same week as the hearing. I had to leave my home, and the only place I had to go was outside of town. I had no way to get to court, so she got a default judgement. I had and have no money for an attorney. The default judgement was in April, 2022. There was a quiet title hearing in August,2023. She did notice by publication in a newspaper she knew I would not see,as she knew I had moved 200 miles away. Now she has filed to enforce the judgment and ordered a special masters. Is there anything I can do to stop this

1 Lawyer Answer
Anthony M. Avery
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A: You are probably too late to file a Rule 60 Motion, but you can try. Hire a NM attorney to defend you against execution. You might have exempt properties which preclude execution.

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