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New Mexico Civil Litigation Questions & Answers
1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

James L. Arrasmith
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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for New Mexico on
Q: Can I place a lien on a persons house because of money I loaned her?

I directly paid (as a loan) a mortgage and a credit card balances to ease a person's stress. I have only our texts to prove that she owes me the $27,700. I wanted a lien, but she wants to give me a promissory note! I won't live long enough for her to pay me off at $100/mo, so I need to... View More

Anthony M. Avery
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answered on Jan 15, 2024

Either sue her for the money lent and get a judgment which can be filed as a lien. Or take the note secured by a deed of trust/mortgage against the property. Apparently it will be a second priority debt, so if you foreclose, you have to pay the mortgage or you get foreclosed on.

1 Answer | Asked in Civil Litigation for New Mexico on
Q: I am searching for a Contingency Fee Attorney who is willing to go after a Sierra County ,NM City because precedence has

set by a municipality in Sierra County, NM by "The City " lost the case& The city being sued lost& had to pay for "choosing to look the other way". In my situation a man has died as a result of City looking the other way.

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

A New Mexico attorney could advise best, but your question remains open for four weeks. You're seeking an attorney, and it may be quicker to reach out to law firms. This forum is not set up for attorneys to offer their services. You could search for attorneys online, supplementing your efforts... View More

1 Answer | Asked in Civil Litigation and Business Law for New Mexico on
Q: If members must be allowed to attend Directors meetings, can they be denied access to any information that is discussed?
James L. Arrasmith
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answered on Dec 26, 2023

In New Mexico, the rules governing the attendance of members at directors' meetings and their access to information discussed therein depend on the specific bylaws of the organization and applicable state laws. Generally, members of an organization have a right to attend directors'... View More

1 Answer | Asked in Civil Litigation for New Mexico on
Q: What is the law state constitutes as your home or residence if it's not Your property?
T. Augustus Claus
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answered on Nov 27, 2023

In New Mexico, a person's "home" or "residence" is defined as the place where a person lives and intends to live. This can be a house, apartment, trailer, or any other type of dwelling. A person's home or residence does not have to be owned by the person in order to be... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for New Mexico on
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... View More

Anthony M. Avery
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answered on Nov 21, 2023

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.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Mexico on
Q: I hit a cow on a state highway 2 days ago and totaled my vehicle.

It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.

The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms... View More

James L. Arrasmith
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answered on Nov 17, 2023

Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

2 Answers | Asked in Civil Litigation for New Mexico on
Q: Am I at legal risk when I have been assisted and permitted to squat by employees of the property owner
James L. Arrasmith
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answered on Nov 9, 2023

If you are squatting with the permission of the property owner's employees, you may still face legal risks. The employees' authority to grant such permission could be questioned, especially if they are not the actual owners or legally authorized representatives.

The true owner...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Mexico on
Q: can we be sued for a car that was repossessed 20 years ago?

we received a call for my wife today who was a cosigner on the original loan. this person said they work for an arbitration firm and said since my wife did not respond to the letter they sent within the 30 days they were proceeding with filing judgement paperwork. problem is we never received a... View More

T. Augustus Claus
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answered on Jul 14, 2023

there is a statute of limitations on debts, which sets a time limit for legal action to be taken. The statute of limitations for a car loan or breach of contract can vary depending on the jurisdiction and the specific circumstances of the case. However, it is highly unusual for a debt from 20 years... View More

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... View 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
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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... View 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... View 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... View 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...
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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... View 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...
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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... View 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....
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