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New Mexico Questions & Answers
0 Answers | Asked in Criminal Law and Traffic Tickets for New Mexico on
Q: Should I plead guilty or not guilty for traffic violations as a top student?

I'm 18 and was pulled over for speeding, failure to stop at a stop sign, reckless driving, and evading. The officer listed the evading charge as a misdemeanor instead of a felony because I'm doing well academically and in life. I have no prior traffic violations or criminal record. I... View More

0 Answers | Asked in Gov & Administrative Law and Real Estate Law for New Mexico on
Q: How to issue a cease and desist letter against county code enforcement in NM?

A county code enforcement officer verbally informed me that they plan to enter my property on March 17th to remove everything, including cars, mobile homes, recreational vehicles, and other possessions, and to place a lien for their work. I need to prevent this action until I can receive proper... View More

0 Answers | Asked in Gov & Administrative Law and Civil Litigation for New Mexico on
Q: Steps to serve a cease and desist letter to New Mexico county code enforcement.

I'm planning to send a cease and desist letter to New Mexico county code enforcement due to harassment, unlawful entry, and their failure to follow proper procedures regarding compliance with their regulations. What are the appropriate steps to serve this letter to a public entity, and what... View More

0 Answers | Asked in Divorce, Family Law and Military Law for New Mexico on
Q: Am I entitled to benefits post-divorce from a veteran spouse?

My husband, a veteran with a 100% disability rating, filed for divorce in New Mexico. We have been married for 12 years, a California resident, and I didn't contest the divorce. During our marriage, he received additional benefits for me and my son, his stepchild, but withheld financial... View More

0 Answers | Asked in Car Accidents, Workers' Compensation and Personal Injury for New Mexico on
Q: What can I do if my work-related fall was covered by workers' comp but I never received compensation?

I was in a car accident and have a lawyer for that case. Following the accident, I began experiencing falls. While at work, I fell while mopping to prevent a client from slipping, resulting in an injury. Although my employer put me on workers' compensation, I have not received compensation... View More

0 Answers | Asked in Probate and Estate Planning for New Mexico on
Q: Can executor and attorney withhold will from beneficiary?

I am a beneficiary of my late mother's will, and my sister is the executor. Probate hasn't started, and the attorney representing the estate gave a copy of the will to my sister, who refuses to provide me with a copy. I requested a copy from the attorney, but she said I should obtain it... View More

0 Answers | Asked in Gov & Administrative Law and Civil Rights for New Mexico on
Q: Rights against state board delay after showing dismissed charges?

I was hired as a Level 1 security guard about six months ago and have been waiting for the New Mexico state board to activate my license so I can start my first day. They are holding up the process due to two past arrests, even though I've shown them court papers that dismiss all charges,... View More

0 Answers | Asked in Probate, Estate Planning and Real Estate Law for New Mexico on
Q: How to transfer deed to heirs without probate in NM?

My father passed away intestate, and his property is valued at $56,000. There was a will with two witnesses leaving everything to his three adult children. All three heirs agree, and there are no outstanding debts. The property includes a mobile home. How can we transfer the deed to our names while... View More

0 Answers | Asked in Constitutional Law and Federal Crimes for New Mexico on
Q: Can 18 USC 875(c) be applied retroactively against First Amendment rights?

I believe that 18 USC 875(c) cannot be applied retroactively to infringe upon my protected rights under the First Amendment, which clearly states that these rights should not be abridged. How is it possible to charge someone under this statute considering ex post facto laws?

2 Answers | Asked in Bankruptcy, Public Benefits and Social Security for New Mexico on
Q: What options exist for $50,000 credit card debt with no income at 62 due to health issues?

I am 62 years old and due to health problems, I am unable to work. After going through a divorce and losing everything, I have managed to pay down my debts from over $700,000 to about $50,000 in credit card debt. I have no income and am living with my cousin for free. I am not receiving Social... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2025

You may want to consult an attorney regarding a chapter 7 or chapter 13 bankruptcy to see which best resolves your situation.

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0 Answers | Asked in Contracts, Criminal Law and Personal Injury for New Mexico on
Q: Can I retrieve my vehicle or report it stolen if buyer stops payments in NM?

In New Mexico, I privately sold my vehicle under a verbal agreement for the buyer to make payments. They only made one payment over a month ago. I've tried contacting them via text about the missed payments. When I informed them I planned to retrieve the vehicle, I was ambushed by fake law... View More

0 Answers | Asked in Gov & Administrative Law for New Mexico on
Q: Can New Mexico HOA elections be conducted by non-secret email ballots?

In New Mexico, can HOA board member elections be conducted by email if our bylaws require ballots to be returned by mail or cast in person? Email voting makes secrecy impossible, and while we've used it in uncontested elections before, I seek clarification as I'm a candidate in the current election.

0 Answers | Asked in Gov & Administrative Law and Civil Litigation for New Mexico on
Q: Does HOA ballot confidentiality require complete secrecy in NM?

In New Mexico, my HOA's bylaws state that "each vote cast by ballot shall remain confidential" for board member elections. However, our upcoming election is being conducted via email, which may compromise confidentiality since email ballots are not truly secret. In past elections,... View More

0 Answers | Asked in Business Law, Tax Law and Gov & Administrative Law for New Mexico on
Q: Can a nonprofit in NM pay its board president despite bylaws not mentioning compensation?

I'm part of a soccer organization in New Mexico, supposed to be volunteer-based, but currently, the president and another board member are being paid due to difficulty in filling these positions. The bylaws do not mention compensation for these roles. Members are concerned because the... View More

0 Answers | Asked in Landlord - Tenant, Public Benefits, Appeals / Appellate Law and Civil Rights for New Mexico on
Q: Should I appeal an eviction decision while disputing back rent I disagree with?

I was evicted today in Magistrate Court. I am disabled and have problems with comprehension, cognitive abilities, and memory loss. For two years, the housing authority in my town has been sending eviction threats and letters about every other month. Despite my efforts to resolve the issue, I was... View More

0 Answers | Asked in Education Law, Family Law and Gov & Administrative Law for New Mexico on
Q: Options for 13-year-old's school refusal and defiance in NM

What are my legal options as a parent in New Mexico for my 13-year-old son's consistent refusal to go to school and defiant behavior? Despite seeking help from school counselors, who advised taking things one day at a time, especially when my son only attends school for half a day, he has... View More

0 Answers | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: Son has a warrant for battery; father attacked with machete, how to resolve?

My son recently found out he has a warrant issued on 1/22/25 for battery against his father following an incident on 12/12/24. During the incident, his father attacked us with a machete, leading to a 911 call by my son. The police responded with weapons drawn due to the threat, but they did not... View More

0 Answers | Asked in Juvenile Law for New Mexico on
Q: Can I leave home at 17 in New Mexico for better opportunities?

I am 17 years old and living in New Mexico. I want to leave my home because I am not being provided with the means to succeed as an adult, such as gaining job experience, learning responsibilities, accessing the full internet, and learning about the world around me. I have a close friend's... View More

0 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for New Mexico on
Q: What can I expect for spousal and child support in NM divorce?

I am divorcing after 15 years of marriage in New Mexico. I have been a stay-at-home mom while my husband travelled a lot for work. We have two children; we share 50/50 custody of our 9-year-old, and I have full custody of our 14-year-old, who doesn't want to see him. My husband earns $14,000 a... View More

0 Answers | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: Can a college in NM prohibit photos on resumes under EEO?

As an employer in New Mexico working at a higher learning institution, can we require that pictures are not allowed on resumes and cover letters, while ensuring that we follow all EEO guidelines?

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