New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
Q: If I was in a car accident (dui) and dealt damage to a building can I still he charged although it was unintentional
Peter Munsing's answer
The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.
The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.
Q: Can a person in the state of new mexico be charge with the same crime for federal and state? Meaning double jeopardy
Stephen Aarons' answer
Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.
Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.
Q: A nasty/rude person with 3 children has been in my home for 3 months, I want them to move how do I get them out legally.
T. J. Jesky's answer
It sounds that you gave her an ultimatum of September 30 to move out. In the meantime, you can offer to assist her in finding a new residence. Ask you other family members for their support in speaking with her. Perhaps she has some other family members that will take her in. She does not move out on or before September 30, they will be evicted.
You may need to hire to a local attorney to help with you the eviction process. The legal eviction notice will give them a certain date...
It sounds that you gave her an ultimatum of September 30 to move out. In the meantime, you can offer to assist her in finding a new residence. Ask you other family members for their support in speaking with her. Perhaps she has some other family members that will take her in. She does not move out on or before September 30, they will be evicted.
You may need to hire to a local attorney to help with you the eviction process. The legal eviction notice will give them a certain date...
Q: Is it a requirement for landlords to change the locks or re key the locks when a new tenant moves in?
Salim U. Shaikh's answer
It should be in the best interest of new tenant to have the old locks which remained in use by former tenant changed. If new tenant does not want it to be changed he/she may inform LL.
It should be in the best interest of new tenant to have the old locks which remained in use by former tenant changed. If new tenant does not want it to be changed he/she may inform LL.
Q: GAL board?
Gary William Boyle's answer
If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.
If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.
Q: I got a street racing ticket and so did the guy I was racing, everyone else was racing around us too. Can I fight it?
Glenn Smith Valdez's answer
Yes you can, and yes you should. A ticket like this has big consequences and keeping it off your driving record should be a priority. A Traffic Lawyer would be a big plus in dealing with this situation.
-Glenn Smith Valdez
Yes you can, and yes you should. A ticket like this has big consequences and keeping it off your driving record should be a priority. A Traffic Lawyer would be a big plus in dealing with this situation.
-Glenn Smith Valdez
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.
Timothy Denison's answer
The claim is subject to offset if the creditor is holding or may owe you money as well. Last four digits should appear on your credit report. Contingent means depends on a circumstance or event, unliquidated means the amount of debt has not yet been determined, and disputed means the debt or the amount is in controversy and not agreed upon. A non priority unsecured claim is a claim that is not secured by collateral and is not the type of debt entitled to priority above other debts.
The claim is subject to offset if the creditor is holding or may owe you money as well. Last four digits should appear on your credit report. Contingent means depends on a circumstance or event, unliquidated means the amount of debt has not yet been determined, and disputed means the debt or the amount is in controversy and not agreed upon. A non priority unsecured claim is a claim that is not secured by collateral and is not the type of debt entitled to priority above other debts.
Q: Once tenant has been given 3-day eviction notice for non-payment of rent, what is the next step for the landlord?
Jake A. Garrison's answer
Good afternoon. If this is a residential property, then after the three-days notice has expired, you must go through a process known as "Restitution/Possession".
This is a Court proceeding and is dictated by a set of laws called the "Uniform Owner-Resident Relations Act". I suggest you contact an NM attorney to discuss further, as failure to adhere to sometimes strict protocols can result in a negative outcome on your part.
Good afternoon. If this is a residential property, then after the three-days notice has expired, you must go through a process known as "Restitution/Possession".
This is a Court proceeding and is dictated by a set of laws called the "Uniform Owner-Resident Relations Act". I suggest you contact an NM attorney to discuss further, as failure to adhere to sometimes strict protocols can result in a negative outcome on your part.
Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?
1 Answer
| Asked
in
Animal / Dog Law, Medical Malpractice and Wrongful Death
for
New Mexico
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Peter Munsing's answer
A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys
A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.
Q: What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.
Gary William Boyle's answer
I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by 20% and more than one year has passed since the Court last entered an order establishing child support. Note that the 20% applies to the amount of support rather than to the amount of either party's...
I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by 20% and more than one year has passed since the Court last entered an order establishing child support. Note that the 20% applies to the amount of support rather than to the amount of either party's...
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.
Timothy Denison's answer
You should file all the forms together if possible. The website for the bankruptcy court in your district should have the required forms on their website.
You should file all the forms together if possible. The website for the bankruptcy court in your district should have the required forms on their website.
Q: I have a point based timeshare where do I list that on the schedules??
Michael Hales' answer
I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing maintenance fee bills were extinguished when she filed for bankruptcy, those annual maintenance fee bills accrued while the bankruptcy was pending. When she came out of bankruptcy, she had very large bills that she...
I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing maintenance fee bills were extinguished when she filed for bankruptcy, those annual maintenance fee bills accrued while the bankruptcy was pending. When she came out of bankruptcy, she had very large bills that she...
Q: I told the doctors I had sensitivities to certain medications,
Peter Munsing's answer
Yes, though whether it's sufficient for an attorney to risk their time and money trying to prove it is different. However, the N. Mexico Assn for Justice attorneys provide free consults--look for one who is in your county, and discuss it with them.
Yes, though whether it's sufficient for an attorney to risk their time and money trying to prove it is different. However, the N. Mexico Assn for Justice attorneys provide free consults--look for one who is in your county, and discuss it with them.
Q: I am being evicted for the first time in my life. Will Chapter 7 or 13 keep me from being evicted or buy me time?
Timothy Denison's answer
Bankruptcy Wil buy you a month or two at best ndso the eviction, but blue temorarily.
Bankruptcy Wil buy you a month or two at best ndso the eviction, but blue temorarily.
Q: If I am upside down in my car loan, will Chapter 7 or 13 protect me from losing my car?
Timothy Denison's answer
Either can be used to protect your car, but which one you need depends on your overall financial situation, debt and assets. Consult an experienced bankruptcy attorney before making a decision.
Either can be used to protect your car, but which one you need depends on your overall financial situation, debt and assets. Consult an experienced bankruptcy attorney before making a decision.
Q: I bought a Porsche in November but haven't had a job in over 6 months. I have had to sell personal items to pay for it.
Timothy Denison's answer
Depends on the value of the Porsche. If you owe more than it’s worth, you can probably keep it, but you should contact an experienced bankruptcy attorney before you do anything..
Depends on the value of the Porsche. If you owe more than it’s worth, you can probably keep it, but you should contact an experienced bankruptcy attorney before you do anything..
Q: Before entering a courtroom a family member on the plaintiffs side made a finger gun gesture is that intimidation?
1 Answer
| Asked
in
Criminal Law, Family Law, Civil Rights and Domestic Violence
for
New Mexico
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Q: I got into an accident and my insurance company cancelled my policy. Is that legal?
Peter Munsing's answer
Generally yes. There may be issues as to how it was done, but they aren't required to carry you. Now if they terminated early, that may be problematic. Check with your insurance commissioner but first get all the documents lined up.
Generally yes. There may be issues as to how it was done, but they aren't required to carry you. Now if they terminated early, that may be problematic. Check with your insurance commissioner but first get all the documents lined up.
Q: i Got pulled over with my learners permit and I have to go to court by a certain date. What’s going to happen ?
Glenn Smith Valdez's answer
Get your provisional and go to court. Negotiate with the officer and ask him or her tax agree to a deferred sentence. You will pay court costs but if you get the deferred sentence And don’t get any tickets for 90 days your record will remain clean.
Get your provisional and go to court. Negotiate with the officer and ask him or her tax agree to a deferred sentence. You will pay court costs but if you get the deferred sentence And don’t get any tickets for 90 days your record will remain clean.
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