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New Mexico Contracts Questions & Answers
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 haven't received... Read 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 open up a...
Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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 or if... Read 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 (at the very... Read 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
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... Read 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.

1 Answer | Asked in Contracts for New Mexico on
Q: Can you recommend a collection of books that could serve as a base-line introduction to contract law?Thanks
Adam Studnicki
Adam Studnicki answered on May 29, 2015

Not specifically. I'd check Amazon and read the reviews.

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