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New Mexico Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New Mexico on
Q: How can I get my personal items back from my mother she took or kept without my permission?

My mother took my jewelry, my grandmothers china, books, my diploma, cap and gown, my prom dress, highschool awards, birth certificate, pictures, a painting my father painted for me ect before I moved out of her home and when I left my ex-husband because she had access to my home. I had asked her... View More

James L. Arrasmith
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answered on Mar 24, 2024

Recovering personal items from a family member who has taken or kept them without permission can be emotionally taxing and legally complex. First, you might consider reaching out through a neutral third party, such as a mutual friend or family member, who could help mediate the situation. This step... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico on
Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take... View More

1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

James L. Arrasmith
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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... 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 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 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
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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 Civil Litigation and Gov & Administrative Law for New Mexico on
Q: I hit a cow on a state highway 2 days ago and totaled my vehicle.

It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.

The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms... View More

James L. Arrasmith
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answered on Nov 17, 2023

Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same... View More

1 Answer | Asked in Child Custody and Civil Litigation for New Mexico on
Q: Who decides the agency for supervised visitation with different preferences?

I am in a situation where my husband and I have a court order for supervised visitation with our 3 children, with a choice between two agencies. My husband has completed the intake and paid the fee at one agency, while I have done the same at the other. The agency my husband prefers is more... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your case, the decision on which agency to use for supervised visitation should ideally be made by the court if the order doesn't specify who gets to choose. Since both you and your husband have different preferences, it's important to focus on what is in the best interest of the... View More

1 Answer | Asked in Civil Litigation for New Mexico on
Q: Am I required to testify for the plaintiffs when being sued for malfeasance?

I am being sued for malfeasance in a civil complaint and representing myself. The plaintiffs have listed me as a witness but have not yet served a subpoena. Fines have already been assessed against them. Am I required to testify for the plaintiffs under these circumstances?

James L. Arrasmith
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answered on Apr 13, 2025

You're not required to testify for the plaintiffs **unless** they formally subpoena you. Simply being listed as a witness in their filings doesn’t obligate you to take the stand or answer their questions. In civil court, a party—especially one who is also a defendant—isn’t forced to... View More

Q: Statute of limitations for ongoing child abuse and welfare fraud incidents.

I'm seeking information on the statute of limitations for legal action related to past child abuse and welfare fraud incidents. The abuse started when I was younger and continues to happen with my children. How does ongoing abuse affect the statute of limitations, and what steps should I take... View More

James L. Arrasmith
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answered on Apr 12, 2025

When it comes to ongoing abuse, the statute of limitations can be extended due to the continuing nature of the crime. In many cases, abuse that continues over time may not be subject to a standard statute of limitations because each instance of abuse can be considered a separate offense. For child... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Mexico on
Q: CA seller misrepresented car's condition, rust issues, and repairs. Violation of Interstate Commerce laws?

I am in New Mexico and purchased a car from a man in California through Craigslist. He fraudulently misrepresented the car's condition, saying it had no rust and ran perfectly. However, the car has a rusted-out trunk floor and rear quarter panels, and three of the exhaust valves were burnt,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have a valid claim for misrepresentation against the seller, especially since you have evidence of the car's condition and repair costs. The seller's false statements about the car’s condition may constitute fraud, as he misrepresented essential details that directly... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Gov & Administrative Law for New Mexico on
Q: How to address suspected financial mismanagement of my mother's assets by POA sister?

I need guidance on how to address potential financial mismanagement involving my mother's assets. My sister is the Power of Attorney for my mother, who has dementia, and I am her primary caregiver. For the past year, I've tried to communicate with my sister about missing funds, but she... View More

James L. Arrasmith
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answered on Apr 12, 2025

This sounds like an incredibly difficult and emotional situation, especially since you're caring for your mother day-to-day and trying to protect her well-being. In New Mexico, someone granted Power of Attorney (POA) has a legal duty to act in the best interest of the person they represent. If... View More

1 Answer | Asked in Civil Litigation and Contracts for New Mexico on
Q: Can I ask for dismissal without prejudice before court actions?

I am preparing to file a failure of consideration case pro se. Before any court actions are taken, would it be possible to request the court to dismiss the case without prejudice so that I can refile it using a different legal approach if needed?

James L. Arrasmith
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answered on Apr 11, 2025

Yes, in New Mexico, you can request to dismiss your case without prejudice even before the court has taken any major action, as long as the defendant hasn’t filed a response or motion. A dismissal without prejudice means your case is officially closed but you still have the option to refile it... View More

Q: Options for obtaining APS report and addressing false reports in NM.

In New Mexico, I had a report filed against me with Adult Protective Services (APS), which was substantiated. When I requested the investigation report over the phone, APS denied my request, stating they do not provide them. I am unaware of any specific laws in New Mexico regarding access to these... View More

James L. Arrasmith
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answered on Mar 27, 2025

To obtain your APS investigation report in New Mexico, you can submit a formal written request under the Inspection of Public Records Act (IPRA) to the Aging and Long-Term Services Department. Your request should include your name, contact information, and a detailed description of the records... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New Mexico on
Q: Can I hold a nationwide and state organization accountable for not promoting chess as promised and claim damages for anxiety and stress?

I have been experiencing anxiety and stress for years due to missing out on participating in chess activities in New Mexico. A nationwide organization stated that one of their goals is to promote chess throughout America, with affiliate state organizations tasked to carry out this goal. However,... View More

James L. Arrasmith
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answered on Mar 26, 2025

You're facing a challenging situation with these chess organizations, and your frustration is understandable after years of trying to engage with them without success.

While organizations may state goals like promoting chess nationwide, these statements typically represent...
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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for New Mexico on
Q: Received a threat via text message, worried about safety.

I received a text message from someone who said they were going to "pull up and shoot me," which I consider a threat. We have had problems before, but I thought our issues were resolved until now. This is the second time she has threatened me, and I have witnesses to the threats.

James L. Arrasmith
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answered on Mar 24, 2025

This is an extremely serious situation that requires immediate attention. Threats of violence, especially those specifically mentioning shooting, should never be taken lightly. You should contact local law enforcement right away to report these threats and provide them with copies of the text... View More

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for New Mexico on
Q: Can I be served with a restraining order if I've never met the person?

They served my mother in law in a restraining order and included myself and my husband et al. I've never met the person filing before. It is my husband's father. In the document they are also saying they are filing a quiet title deed. I have to present in Wednesday. I live in Alaska and... View More

Anthony M. Avery
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answered on Nov 27, 2024

If you do not want to travel to Court then hire a NM attorney to represent you. Otherwise at least a default judgment will go down against you. Apparently you may have an interest in the real property, so get the lawyer to file an answer to the Quiet Title Action.

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.

4 Answers | Asked in Family Law, Immigration Law and Civil Litigation for New Mexico on
Q: my girlfriend is pregnant and resides in USA with me but how do I go about her staying here

she has a b visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 30, 2024

If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.

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