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New Mexico Contracts Questions & Answers
0 Answers | Asked in Real Estate Law, Contracts and Small Claims for New Mexico on
Q: If a lease is never signed is there recourse for either party

We had a potential tenant in commercial lease, the lease was never signed and the tenant is demanding money back.

0 Answers | Asked in Consumer Law, Contracts and Collections for New Mexico on
Q: FLCo sold Bad transmission. After months my CC & their bank credited me. What to do with part? Can I take to dump?

Purchased from FL Used Auto Parts. Transmission was bad and they couldn't find another to exchange it out but they wanted me to keep the part and just install it which Tranco said they wouldn't do because they wouldn't warranty work on a bad part install. Led through steps... View More

0 Answers | Asked in Business Formation, Business Law and Contracts for New Mexico on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Probate for New Mexico on
Q: What is the process of adding an additional party to an upcoming trial? this is regarding a trust

I believe I need to motion for a JOINDER OF PARTIES this matter is regarding my fathers Trust where I am now Trustee but the previous Trustee has committed multiple breeches and has yet to be held accountable. How do I make sure he is included in this trial so that his actions are not lost?

Anthony M. Avery
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answered on Nov 21, 2024

You will need a NM attorney that handles trust litigation. The complaint/petition, whatever will need to be amended by adding a defendant and a cause of action for breach of fiduciary duty, etc. It will be alot of work and you will not be able to do this pro se as the successor trustee.

1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

1 Answer | Asked in Bankruptcy, Contracts, Real Estate Law and Elder Law for New Mexico on
Q: Yes! I'm in need of Legal Representation, on getting my Name Removed from The Mortgage and Deed

She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More

James L. Arrasmith
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answered on Aug 15, 2024

You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for New Mexico on
Q: Dishwasher repair that did not get fixed, then was told it can't be fixed, part is discontinued. No diagnostic at start.

They did not do the diagnostic on the applience on first visit, contract say that's what the first visit is for. They fixed one part, dishwasher still leaked, they came a 2nd time, still leaked, 3rd time they said the bottom gasket is bad and is discontinued. Which should have been brought on... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A New Mexico attorney could advise best, but you await a response for two weeks. Although this is posted under Arbitration, Small Claims might be the cheapest way to handle the matter (unless there's a clause or provision in the paperwork that sets arbitration as the only forum for disputes).... 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 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 Consumer Law and Contracts for New Mexico on
Q: Can I get reimbursed for items stolen out of my storage unit?

I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More

James L. Arrasmith
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answered on Nov 9, 2023

You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More

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

Q: What type of attorney should I contact to sue workers compensation insurance for medicare's required medical set aside +
Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

A New Mexico attorney could advise best, but your question remains open for a week. You could reach out to workers' comp attorneys to try to set up a free initial consult. Good luck

1 Answer | Asked in Contracts for New Mexico on
Q: Hello, I took an online course and the company is located in NM, yet they don't pick up the official notice sent to them

I took an online course on dropshipping and the company omitted to let me know that in order to achieve any success, I'd have to invest. The course was utterly expensive and I don't have more funds to invest. If I knew what it was about, I would not have signed in the first place. The... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. If you want to bring the matter to court but don't know how to do that, as you describe, one option could be to reach out to attorneys to try to set up a short free consult to discuss the most cost-effective... View More

1 Answer | Asked in Contracts and Estate Planning for New Mexico on
Q: I would like to rewrite my Dads will get all the money he left my daughter 250,0000 Then me 240,000.

I get 10,000 a year. I can't do anything with that

Anthony M. Avery
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answered on Jun 12, 2023

Have your Father contact a competent NM attorney to draft a new Will. If you interfere too much, then your Family will contest the Will later. It is his decision, not yours. But you can request a change with a good lawyer. Will must be drafted and executed properly.

1 Answer | Asked in Contracts, Real Estate Law and Banking for New Mexico on
Q: If I have a judgement against me, how would the plaintiff find out where I bank to seize my money?

I do not wish to satisfy this judgement because the plaintiff was in the wrong, but she could hire an attorney, whereas I literally have no money. I am expecting a check from rental assistance that I want to protect from this judgement but I'm afraid that if I open an account at a different... View More

Anthony M. Avery
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answered on Mar 30, 2022

Judgment Creditor can ask you under oath where your property is. Become familiar with NM Exemption rights. Remember this is a public forum.

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 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 Contracts and Real Estate Law for New Mexico on
Q: Can Buyer "cancel" a Self-created Real Estate Contract with NO Contingencies, because appraisal was lower than contract?

Real Estate Contract

This contract is made on May 28, 2019, by *** and *** (Seller) and *** and *** (Buyer)

Seller agrees to see to buyer the following described Real Estate: The Property address is ****** , Las Cruces, NM 88011. The Property is located in *** Subdivision (legal... View More

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

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (being unable to know what the future may bring) and am unable to opine on your current dilemma. Advice: wait and... View 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... 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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