New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
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.
Q: BIO father abanded me & died. Funeral home says I needed to sign to release body. Am I liable/entitled to anything?
Ben F Meek III's answer
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological parents. You would not be personally liable for your father's debts but they might have to be paid from his assets. An experienced probate lawyer in your father's state can answer these and other questions....
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological parents. You would not be personally liable for your father's debts but they might have to be paid from his assets. An experienced probate lawyer in your father's state can answer these and other questions....
Q: Does the tenant have to replace a window if it was broken by burglary or does the landlord fix the window
Salim U. Shaikh's answer
LL must know that window was broken in burglary and has to be fixed. If LL so avoid to fix it, tenant may get it fixed for his own safety and security at LL cost deductible out of rent.
LL must know that window was broken in burglary and has to be fixed. If LL so avoid to fix it, tenant may get it fixed for his own safety and security at LL cost deductible out of rent.
Q: I'm a cdl driver and had a different do to wind and getting charged with careless driving what should I do
Glenn Smith Valdez's answer
When a careless driving charge involves a crash, the cases are more complicated and difficult to deal with. Sometimes that complication can be used by a good attorney to help win the case. A great attorney will request all of the discovery, witness statements, video, crash reports. They will review everything and determine what the best possible outcome is. It may be a plea to a reduced charge such as failure to maintain a traffic lane, or it may be that the best solution is to go to trial and...
When a careless driving charge involves a crash, the cases are more complicated and difficult to deal with. Sometimes that complication can be used by a good attorney to help win the case. A great attorney will request all of the discovery, witness statements, video, crash reports. They will review everything and determine what the best possible outcome is. It may be a plea to a reduced charge such as failure to maintain a traffic lane, or it may be that the best solution is to go to trial and...
Q: What happens to the deposit of the tenant moves in for three days and then moves out. They signed a year lease.
Salim U. Shaikh's answer
Terms of contract/lease need to be followed by either side. It's not clear whether lease has yet been prepared/signed by both sides. If yes, then proper notice for move out to be delivered by tenant. After move out SD has to be refunded subject to payment against bills etc.
Terms of contract/lease need to be followed by either side. It's not clear whether lease has yet been prepared/signed by both sides. If yes, then proper notice for move out to be delivered by tenant. After move out SD has to be refunded subject to payment against bills etc.
Q: REQUEST FOR INTERNATIONAL ARREST WARRANTS how to
Richard Sternberg's answer
The ICC has no jurisdiction in New Mexico. The United States withdrew its signatory status to the Rome Treaty. Even if it had jurisdiction, the ICC would not address issues involving your arrest or incarceration unless you are a war criminal or the UN has delegated the case to the ICC, usually after genocide. You need a New Mexico lawyer.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer...
The ICC has no jurisdiction in New Mexico. The United States withdrew its signatory status to the Rome Treaty. Even if it had jurisdiction, the ICC would not address issues involving your arrest or incarceration unless you are a war criminal or the UN has delegated the case to the ICC, usually after genocide. You need a New Mexico lawyer.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer...
Q: Can an employer tell employees who can give or receive an employment reference?
Salim U. Shaikh's answer
It depends on the situation to give or receive an employment reference. It is out of their purview.
It depends on the situation to give or receive an employment reference. It is out of their purview.
Q: If an officer didn't give me a paper ticket when stopped, should I be expecting one in the mail?
Glenn Smith Valdez's answer
It depends. In very rare cases, an officer will have a Summons issued to have you appear in court for a traffic violation. However, that typically is in situations where ther is a crash. You said you were pulled over. What did the officer tell you? Perhaps he or she just gave you a warning? Think back to the traffic stop, you may be able to remember what was said and answer the question yourself.
It depends. In very rare cases, an officer will have a Summons issued to have you appear in court for a traffic violation. However, that typically is in situations where ther is a crash. You said you were pulled over. What did the officer tell you? Perhaps he or she just gave you a warning? Think back to the traffic stop, you may be able to remember what was said and answer the question yourself.
Q: I got a speeding ticket for going 72 In a 45, the officer said if I take a driving saftey course, nothing will show up..
Glenn Smith Valdez's answer
Without looking at your citation it is a difficult question to answer. You should contact the court and see what they can tell you about the situation. You are on the right track wanting to keep it off your driving record. The fine is very high as well and you should try to avoid paying that if possible. You may want to consider consulting with an experienced traffic ticket lawyer who can review the citation and give you a more accurate explanation
- Glenn Smith Valdez
Without looking at your citation it is a difficult question to answer. You should contact the court and see what they can tell you about the situation. You are on the right track wanting to keep it off your driving record. The fine is very high as well and you should try to avoid paying that if possible. You may want to consider consulting with an experienced traffic ticket lawyer who can review the citation and give you a more accurate explanation
- Glenn Smith Valdez
Q: Someone is trying to sell my trademark as a domain name. Is that something tort litigation handles?
Jason Brooks' answer
A person who registers someone else's trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner is known as a cybersquatter. If you believe that someone has taken your domain in bad faith, you can sue them under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or you can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN). Suing under...
A person who registers someone else's trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner is known as a cybersquatter. If you believe that someone has taken your domain in bad faith, you can sue them under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or you can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN). Suing under...
Q: An attorney said she was working pro bono on a bankruptcy appeal, but her contract clearly states it's a contingency.
Timothy Denison's answer
If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new lawyer and straighten out the representation.
If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new lawyer and straighten out the representation.
Q: If I go into bankruptcy, does that stay a foreclosure?
Arun Arjan Melwani's answer
Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant relief or modification of the stay if the creditor can show that there is not adequate protection or the debtor does not have equity in the property (usually meaning that the collateral, a house in...
Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant relief or modification of the stay if the creditor can show that there is not adequate protection or the debtor does not have equity in the property (usually meaning that the collateral, a house in...
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