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New Mexico Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Real Estate Law for New Mexico on
Q: Is it lawful for a Bank to offer a Mortgage Loan Modification during litigation without going through a FSP Program?

We are in a foreclosure lawsuit as Defendants in the NM 2nd District Court. Our state requires a mandatory Foreclosure Settlement Program, (FSP) but we put in a Motion to stay the foreclosure proceedings due to the bank not answering our RESPA Notice of Error. We have not entered into the FSP,... Read more »

0 Answers | Asked in Civil Litigation for New Mexico on
Q: If a private road in the county, is too narrow for a fire truck to enter who's responsible for a survey to make sure

Las Cruces NM is the county the one that surveys the private road to make sure it's wide enough?

0 Answers | Asked in Civil Litigation and Small Claims for New Mexico on
Q: when answering counter claims and affirmative defenses is it ok to give a 1 sentence explanation along with the denial?

I have also read to answer everything as a denial even if it is true or only partially true, that I should always deny everything and then try and address everything at trial. I only had about 3 lines to write my claims in my complaint for civil/small claims court and didn't really get any... Read more »

0 Answers | Asked in Business Law, Contracts and Civil Litigation for New Mexico on
Q: If residents own their own home can the business of a trailer park be separated from the land

Can you co-own a trailer park business if the other partner owns the land

1 Answer | Asked in Government Contracts, Bankruptcy and Civil Litigation for New Mexico on
Q: In the state of New Mexico is the G.C. liable on a prevailing wage job to pay a 3rd party employee if their employedidnt

We were a 3rd party contr ax actor which my employer gave us run around on wages for prevailing wages and were afraid if we pursue this hell never pay and close the doors. Got to thinkin what is certified payroll for to account for every penny spent of tax payers money so if our boss goes belly up... Read more »

Timothy Denison
Timothy Denison
answered on May 23, 2023

In theory, the GC should be liable for the unpaid subs, yes.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Mexico on
Q: In state of New Mexico, the rules of filing an amended civil complaint, that has been responded by defendant over a year

In 3/22, a civil complaint was filed against me, which I responded and now the plaintiff has hired an attorney, 5/17/23, which filed an amended civil complaint. What is the rules to follow now? Is this not a new complaint?

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

You need to file an Answer to the Amended Complaint. If Leave Of Court was not granted to amend the Complaint, you could move to strike it. That will probably not help your case unless there is a violation of the SOL.

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for New Mexico on
Q: What is the law on flag, if you have proof of someone throwing it on the ground?

And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?

Stephen Aarons
Stephen Aarons
answered on Jan 13, 2021

you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
Deena L. Buchanan
answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

2 Answers | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Today I was leaving the store a manager and an employee followed me outside and harrased me can I file a lawsuit

It was at Goodwill I was just looking around after picking up brochures from the job room a lady seen that I needed a job and was very kind to me told me to go apply at so and so and I greatly appreciated it as I was walking out the store manager and another employee began to be rude and harassing... Read more »

Gary Kollin
Gary Kollin
answered on Aug 25, 2019

If suing, you expose your entire mental health history and medical records.

Truly, what are the monetary value of the damages?

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1 Answer | Asked in Contracts, Banking, Civil Litigation and Internet Law for New Mexico on
Q: I am being billed monthly, and CitiBank is paying over my objections, for a service I haven't used since 2016.

When I call the number listed for the invalid bill on my Citi statements, they hang up on me with no discussion. The email address on their website doesn't work.

Regardless, Citi says I need to communicate with the vendor to stop charges. I can't communicate with them and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

FYI: You are fighting the "triangle" battle that very few--if any--bank customers can ever hope to win. But as a former bank operations officer, I will tell you the easiest and most effective way to win and stop the monthly bleeding:

Close your account at Citi Bank--and do not...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on
Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... Read more »

David Humphreys
David Humphreys
answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Employment Discrimination for New Mexico on
Q: Do I have to sign a release of information for all former and any company I applied for since my constructive discharge?

Employment disability discrimination case in New Mexico. In the discovery phase, they are insisting that I sign a release of information for all former, even though I was employed by this company for 17 years, and all companies I applied since my constructive discharge. What relevance does any... Read more »

Deena L. Buchanan
Deena L. Buchanan
answered on Jun 29, 2019

Are you handling this case by yourself? If possible, I strongly urge you to consult with an attorney. Litigation is filled with these kinds of issues that can get your case dismissed if you don't handle them properly.

I believe you are asking about an employment information release....
Read more »

1 Answer | Asked in Products Liability, Civil Litigation and Small Claims for New Mexico on
Q: Took car to mechanic he let someone else take car to get diagnoses check and ended up worse!?

Car only had misfire, got vehicle back smoking from engine!

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2019

It's not fully clear what took place here, in terms of what you agreed to, whether you were provided with an estimate, what amount you were charged, what the original problem with the car was, what the condition of the car is, what the mechanic did, among other issues. You could contact an... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on
Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys
David Humphreys
answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

1 Answer | Asked in Civil Litigation for New Mexico on
Q: Does new mexico allow a non lawyer to assume next friend status and assist an ill, pro se litigant in civil court?
Gary William Boyle
Gary William Boyle
answered on Apr 28, 2017

No. To represent someone in Court you have to be licensed as an attorney.

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