Lawyers, Answer Questions  & Get Points Log In
New Mexico Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

View More Answers

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

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... 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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Social Security for New Mexico on
Q: A lawyer who did NOT work my fiances disability case accepted a portion of his back pay as payment from the SSA

My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the... View More

1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for New Mexico on
Q: I can't get a lawyer/firm to take my case.My 66yr wife had heart surg. Later they found bloodclot in arm,so they cut off
Joel Gary Selik
Joel Gary Selik
answered on Nov 26, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

View More Answers

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

1 Answer | Asked in Car Accidents for New Mexico on
Q: what is the nm statute # for making a left turn in the intersection when light turn yellow. who has the right of way

I entered intersection to turn left on a green. light turned yellow I proceeded to turn left to clear intersection. On coming vehicle did not stop and hit me in the right rear quarter panel. His insurance company is saying I am 20% at fault

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. Only a local attorney could advise on state-specific law, such as the statute you ask about. But as a general matter in virtually all jurisdictions nationwide, the motorist making a left turn is obligated to... 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Real Estate Law for New Mexico on
Q: My uncle before passing away deeded some property to me. I went to the county clerks office to record the property.

The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.