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New Mexico Questions & Answers
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 Car Accidents and Personal Injury for New Mexico on
Q: What happens if I plea guilty to not having insurance after getting into an accident and the other party wasnt hurt

I got into an auto accident without active insurance in my sisters car with no injury or damage to the other party but damage and injury to her car myself my mom and partner

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A New Mexico attorney could advise best, but your question remains open for three weeks. The question was probably overlooked under Personal Injury and Car Accident headings. A criminal defense attorney should advise on matters involving pleas, not attorneys who handle civil cases for accidents. By... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Legality of carrying brass knuckles. Is it legal to open carry brass knuckles in a fashion that it is visible.
James L. Arrasmith
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answered on Jan 11, 2024

Understanding the legality of carrying brass knuckles, especially in an open and visible manner, is important for ensuring that you're in compliance with the law. In New Mexico, the laws regarding weapons can be specific and sometimes vary from one jurisdiction to another.

Under New...
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: As a renter, my rights when it comes to roaches in my apartment? Landlord seems not to be too concerned

They are everywhere in my apartment! Landlord sprayed or lack of twice. And they are not any better. They are literally everywhere. I can't stand this and I am putting out lots of money to try to get rid of them. I feel that I'm infested and landlord just says he will have a guy come... View More

T. Augustus Claus
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answered on Jan 11, 2024

In New Mexico, landlords are generally obligated to maintain rental properties in a habitable condition, and this includes addressing pest infestations. If your landlord has not effectively addressed the roach problem despite multiple attempts, you may have legal grounds to request further action.... View More

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: If I was sentenced to five days and went to turn myself in and the clerk said that there was no paperwork and couldn't a

Accept me and turned me away what should I do

Anthony M. Avery
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answered on Jan 8, 2024

Call the clerk of the Court which convicted you. You may need to go to the Court in person, ready to be incarcerated.

1 Answer | Asked in Criminal Law for New Mexico on
Q: If a disciplinary report gets thrown out can I still get street charges
James L. Arrasmith
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answered on Jan 8, 2024

If a disciplinary report within an institutional setting, like a prison or school, is dismissed or thrown out, it does not automatically mean you're clear of facing charges in a regular court. The process within institutions often operates separately from the criminal justice system.... View More

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 Gov & Administrative Law, Internet Law and Libel & Slander for New Mexico on
Q: Can I countersuit for slander on social media before I was issued a warrant that I enevidably beat later on?

I was slandered on social media with photos of me allegedly shoplifting "a forth degree felony" & because of it was arrested had my vehicle impounded & sat in Jail with a high bond i was not able to afford for 18 days. When I was let out I went to court & beat the case. Now my... View More

James L. Arrasmith
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answered on Jan 14, 2024

If you believe you were slandered on social media leading to your arrest and the subsequent challenges you faced, you may have grounds for a legal action. Slander involves making false spoken statements damaging to a person's reputation. If these statements were made on social media and you... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: I have a sale of vacant land but the seller does not have recorded deeds of previous sales.

What is the best way for the new buyer to get title insurance?

Anthony M. Avery
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answered on Dec 22, 2023

First you need to hire a NM attorney to conduct a title search as apparently you have no idea who owns the property. It may be prudent to walk away from this transfer.

1 Answer | Asked in Social Security and Public Benefits for New Mexico on
Q: Hi my son was born premature and when he was born he had and still has zero 0 vision in his left eye and 40% in his righ

Right eye now he still has zero left and 60% in his right. He is going to be 25 yrs old now on Dec. 30. I have been applying for disability for him since he was 6 yrs old and still being denied stating he is not blind enough to receive disability benefits.

James L. Arrasmith
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answered on Dec 21, 2023

In your situation, understanding the criteria for disability benefits is crucial. The Social Security Administration (SSA) in the United States defines blindness as having a visual acuity of 20/200 or less in the better eye with the best possible correction, or a visual field limitation in the... View More

1 Answer | Asked in Traffic Tickets for New Mexico on
Q: Careless driving, failure to maintain lane, & Failure to exercise due care when fell asleep causing single car accident.

Do I need a lawyer? I am a nurse and fell asleep after night shift

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2023

If you want to mitigate the impact of the charges (whch you should) then you should hire a lawyer to represent you on this. Also, in many jurisdictions, one of the reasons you hire a lawyer is for the lawyer to appear in court on your behalf so that you do not have to take off from work to appear... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Tax Law for New Mexico on
Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud

Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000

James L. Arrasmith
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answered on Dec 25, 2023

If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported.

For addressing preparer fraud, you...
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1 Answer | Asked in DUI / DWI for New Mexico on
Q: 27 yrs ago I got a dwi MVD revoked my license and now will not reinstated my license without an interlock is that legal?

There are a lot of issues with the revocation of my license from incorrect dates, 2 revocations placed neither for the actual date of my conviction or violation, no notification of revocation send to me, there are dates hand written and written over on the actual citation, the dates on my MVD... View More

T. Augustus Claus
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answered on Dec 12, 2023

Your DWI case and subsequent license revocation raise several potential issues, including incorrect dates on records, lack of proper notification, and a questionable interlock requirement for an old DWI. Additionally, the retention of your DWI record beyond statutory limits and the denial of a... View More

1 Answer | Asked in Social Security for New Mexico on
Q: Hi.We added my name to a deed for my SSI cousin.The quitclaim deed had my cousins last name wrong, and my address wrong.

I am in a different state(CA) than my cousin (NM). We need to cancel the deed. Does this deed (certified by the court clerk) endanger her SSI?

James L. Arrasmith
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answered on Dec 6, 2023

Correcting the errors in the quitclaim deed is important for both legal accuracy and for the potential impact on your cousin's Supplemental Security Income (SSI) benefits. Errors in a deed, such as incorrect names and addresses, can affect its validity and may complicate property ownership... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

James L. Arrasmith
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answered on Dec 5, 2023

In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling...
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1 Answer | Asked in Insurance Defense and Probate for New Mexico on
Q: If my parents died n they both had life insurance policies but the probate is already done with but we never got any in

Information on who were the beneficiarys on anything

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2024

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your parents. Until you are able to consult with a local attorney, you could contact the insurance company and ask about the policies. Good luck

2 Answers | Asked in Trademark and Intellectual Property for New Mexico on
Q: I own a trademark brand that's been cancel.And the attorney that that I still have his name on, no longer exist
Felicia Altman
Felicia Altman
answered on Dec 1, 2023

If a trademark has been cancelled by the USPTO, generally you must refile the mark to regain ownership of the trademark. You can engage any Trademark Service or Trademark attorney to assist with this matter. Depending on why the trademark was cancelled it should be a straightforward process for... View More

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1 Answer | Asked in Elder Law and Estate Planning for New Mexico on
Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil

My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More

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answered on Nov 27, 2023

a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:

The testator (the person making the...
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