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New Mexico Contracts Questions & Answers
0 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Land Use & Zoning for New Mexico on
Q: I have a well share contract issue about a well permitted to me on my property. I voluntarily offered a well share.

The neighbor with whom I offered to share with had me sign a well share agreement. I didn't realize how unfair it was to me until now when I am trying to get her off my well. She has abused my property rights in many ways since that was originated in 1998 and I want her off my well. She was... 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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1 Answer | Asked in Contracts and Real Estate Law for New Mexico on
Q: I wish to sublease a portion of of my commercial lease but property management is asking for 25% of the rent I collect!

We have unused space in my building I wish to sublease. I asked and received permission according to the terms of my original lease but with additional terms. Property management needs a copy of the agreement, our tenant needs liability insurance and they want 25% of the agreed upon rent! Is that... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 11, 2019

Since you need permission to sublet the landlord is holding you up; you have two choices: pay the additional 25% (add it to the new sub-tenant's rent); or kiss the deal goodbye.

2 Answers | Asked in Contracts for New Mexico on
Q: Is electronic signature legally binding in New Mexico without the person physically signing a document.

My stepmom in New Mexico asked ADT to install their equipment. The installer only had her sign one document with 3 numbers on it, but no where did she sign that they could use her electronic signature on the official ADT contract. They said that they sent her the contract to her email, but she... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

Yes. In these days of electronic everything most states have defined electronic signature as being the same as hand written signatures. Whether you mom has to pay for something you say was supposed to be free is another question.

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1 Answer | Asked in Contracts for New Mexico on
Q: Can I get my non refundable fee back?

I went into contract with a person, she never fulfilled her part of the contract and now claims she’s entitled to the non refundable deposit fee of$3,500

The contract was for a one month course training for permanent makeup. I paid a little over $7,000 up front paid in full. Total course... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

If you have the financial resources to give over $7,000+ to a complete stranger who promised to educate you in how to apply permanent makeup in only one month, then you surely have enough money to hire a competent lawyer.

The case looks easy to prove--if you can admit to being gullible and...
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1 Answer | Asked in Contracts and Landlord - Tenant for New Mexico on
Q: There is a contract between myself and my roommate but it isn't signed, is it still legal binding?

In the contract, it states that the $1200 I paid when I initially moved in was for first and last months rent. My roommate is now trying to claim the last month rent is actually a deposit. The contract, which was written by her, is unsigned by her so I'm unsure if what is written still holds... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2019

If you paid the last month's rent to the landlord then the landlord must still have the last month's rent on deposit. So if your roommate is staying in the apartment after you leave, she will (someday) have benefit of the last month's rent after you are gone. Right? IMO, she should... View 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 Small Claims, Collections and Contracts for New Mexico on
Q: Can I get away from this debt?

My parents offered to pay my living expenses, they re-niged on their offer and left me with 17k of debt.

Arun Arjan Melwani
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Arun Arjan Melwani
answered on Jan 30, 2018

Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.

1 Answer | Asked in Consumer Law, Products Liability and Contracts for New Mexico on
Q: Am I entitled to a refund if the seller did not disclose all issues?

I bought a car from a private party. The seller stated there were cosmetic issues but the car ran well. During the title signing, we found that it was a salvaged title, but the seller said there were no issues with the car. After everything was signed and we had possession of the car, we found... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

As long as the issues are those that the seller knew about. Sounds like he halfway admitted. Send him a note that per your ealier discussions you'd like him to take the vehicle and title back. If he ignores file it in small claims court (magisterial district Court) for where he lives.

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