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New Mexico Questions & Answers
1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of the... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: The other person insurance company said if I dont use the 10,000 for medical I'll lose it any way to keep what's left
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Ask your attorney. Don't have one? Look for a member of the NMex Assn for Justice in the county where it happened.

1 Answer | Asked in Gov & Administrative Law and Personal Injury for New Mexico on
Q: I need help filing a State Tort Claims Act

orking at the New Mexico State Veterans Home in Truth or Consequences and was attacked by a resident. I suffered a concussion and later found out I have psuedo seizures with PTSD. The incident occurred on August 23, 2018. I live in Meridian, MS and a attorney here has advised me to get an attorney... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 7, 2020

I’m terribly sorry to hear of your injury.

If you are interested in suing under the NM Tort Claims Act, you need to “get moving” on this claim immediately. Unfortunately, the mandatory time period within which you must file a claim may have already passed; under N.M.S.A. 41-4-16 you...
Read more »

1 Answer | Asked in DUI / DWI for New Mexico on
Q: I was arrested on October 5 2019for aggravated DWI, I stayed 24 hours in jail for it, it was my first

My court is coming up February 2020, if convicted and have 48 hours mandatory jail time do I get credit for time served, or is there a way to not get jail time just probation,I have no criminal record and have started alcohol counseling

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 7, 2020

It will depend entirely on the nature of your detention and the facts of your case. Were the 24 hours that you "stayed" in jail in anticipation of your arraignment? In which court is your case set? (i.e. "Metro Court" in Albuquerque?). Have you contacted an attorney? These answer to these... Read more »

1 Answer | Asked in Banking, Bankruptcy, Business Law and Federal Crimes for New Mexico on
Q: In the state of New Mexico is a property management company allowed to withdraw funds from your bank account Prior to s
Timothy Denison
Timothy Denison answered on Jan 5, 2020

Depends on what authorizations, if anyone, you have given them. In some instances, they may set off what you owe them, although much more info is needed to properly answer your question.

1 Answer | Asked in Tax Law for New Mexico on
Q: If I was receiving Medicaid, and earned income far below Federal Poverty figure, how can I owe NM Gross Receipts tax?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

NM Gross Receipts Tax is a unique tax in that anyone who sells a good or service in New Mexico owes it. It’s similar to a “sales tax” but is only levied on the seller and not the buyer. While there are a few exceptions, unless you qualify for one of them and timely file an NTTC, you are... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Mexico on
Q: How do I go about filing for the homestead exemption in my state of New Mexico when County Assessor never heard of it?

This is for assessing property taxes.

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

I’m not entirely sure what you’re asking. The “homestead exemption” in New Mexico offers protection when debts are being collected from an individual...creditors are unable to force someone from their home to pay a debt (up to $60,000 is protected from creditors in these situations, see... Read more »

1 Answer | Asked in Tax Law for New Mexico on
Q: The question is about requirements for NTTCs in NM when selling art on commission & statute of limitations for audits.

I am an artist in NM. In 2013 & 2014 I sold work through a gallery. They collected gross receipts tax from buyers & paid taxes on the full amount of each sale. I reported the income I received from sales on federal & state returns. Recently I was audited by NM Tax. & Rev. They claim I owe gross... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 27, 2019

Based on the information you provided, you are actually in a somewhat complicated situation. You’re going to need to “get moving” soon, because there’s a 60-day within which you need to apply for a retroactive exemption to the NTTC. This pamphlet should get you started:... Read more »

1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

1 Answer | Asked in Patents (Intellectual Property) and Probate for New Mexico on
Q: Mother in law just passed, she had a loan on her van, aunt took it not on the will can we involve police to get back?
Nina Whitehurst
Nina Whitehurst answered on Dec 22, 2019

You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.

1 Answer | Asked in Probate for New Mexico on
Q: My mother-in-law recently passed away she had a loan on a van son is the beneficiary and aunt not on will took it.

Is this a civil matter?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 20, 2019

The will needs to be probated in court and this matter needs to be handled with a probate attorney as soon as possible.

2 Answers | Asked in Copyright and Intellectual Property for New Mexico on
Q: I sell rustic wood pallets. If someone tells me to carve the dallas cowboys logo on one is it copyright infringing?
Karima Gulick
Karima Gulick answered on Dec 15, 2019

Since you're selling these for profits and not using them for personal use, you might get into trouble for trademark and possibly copyright infringement without the appropriate licenses and permissions from the trademark owner.

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1 Answer | Asked in Uncategorized for New Mexico on
Q: I am buying aluminum motorcycle wheel blanks, and I modify and resell the wheel; what insurance will protect me? Thanks

I purchase aluminum motorcycle wheel blanks from the largest manufacturer of wheel blanks for the automotive market. I take these wheel blanks and I have a fabrication shop, cut various designs of mine, in the blanks. These blanks are then hand polished and hubs are installed by "scumbagbiker" and... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

It might be more beneficial for you to have a consult with an insurance professional. They would know insurance product line better than an attorney would. Some of the things you could ask about are general liability insurance, premises insurance, and workers' compensation insurance. These would be... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
Deena L. Buchanan answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

1 Answer | Asked in Banking and Federal Crimes for New Mexico on
Q: I am a victim of check fraud and my bank is telling me its my fault. New Mexico resident
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

You are not alone. Thousands of people are accepting, cashing or depositing checks that turn out to be fraudulent. Your bank is aware of the (very likely) possibility that you and your bank account(s) might be the target of even more fraudulent activity-- and so the bank is taking necessary steps... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Can a person be charged 2nd offense if the 1st offense was over 10 years ago in New Mexico
Marc Grano
Marc Grano answered on Dec 1, 2019

I believe what you are asking is related to DWI charges? If that is correct then the answer to the general question is yes. Prior DWIs do not “expire” or become unusable after ten years. Assuming that the state can present proper evidence of the prior. There are also ways to collaterally... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Meth in Lea County is funded by keeping the INS and real taxpayer's advocate panel and rights that are never given to

People in N.M. immigrant. Illegal alien. Difference? 3 to 6 months living in N.M. through income support. Immigrant has to become a U.S. citizen within two years. I'm a dumb deadbeat dad and a meth user. Why have they allowed violent law enforcement to be paid millions of dollars to protect violent... Read more »

Timothy Denison
Timothy Denison answered on Nov 25, 2019

What is your question?

1 Answer | Asked in Gov & Administrative Law and Consumer Law for New Mexico on
Q: help with mutual domestic company billing practices and cut offs.

las cruces new mexico mutual domestic water (moongate water company

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

Your post remains open for four weeks. At this point, you could look into whether the New Mexico Public Regulation Commission might be able to offer guidance. Good luck

Tim Akpinar

1 Answer | Asked in Public Benefits for New Mexico on
Q: Is dating between two seventeen-year-old cousin illegal in the state of New Mexico?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Nov 15, 2019

In New Mexico, "dating" and even marriage between cousins is NOT illegal.

For more information on the topic, see N.M.S.A. 1978 § 30-10-3.

FYI: This was posted in the New Mexico Section of...
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1 Answer | Asked in Car Accidents for New Mexico on
Q: I hit a cow on hwy 126 in jemez N.M. Is the owner of the cow responsible for damage to my vehicle
Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2019

Generally I have had luck getting coverage through the farmer's insurance, but if you have collision run it through that and let them chase the farmer for the information.

While the owner of a farm animal is responsible if they are allowed to leave the farm, if it were such that you could...
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