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New Mexico Questions & Answers
1 Answer | Asked in Tax Law and Collections for New Mexico on
Q: Can state of NM come after tax debt 10 years later?

My husband use to live in NM and now lives in texas. Last month we received a letter from the state saying they were putting a lien on our house for a $13000 unpaid tax debt from 2013. My husband said he didn't even file taxes that year but the state claims he did and also claims he made a... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you are in a challenging situation with the New Mexico tax authorities. Here are a few key points and suggestions:

1. Statute of limitations: Generally, states have a limited time period to assess and collect taxes, known as the statute of limitations. For New Mexico, the...
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord keep my security deposit for “excessive” normal wear and tear?

My landlord kept $1400 for “repairs”. They sent me a list that was not itemized which included charges for “excessive scuffs on one wall in bedroom”, “command strip removal”, “4 burnt light bulbs”. There were no legitimate damages. They added over $500 for “house cleaning” with... View More

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answered on Apr 16, 2024

It sounds like you're facing a frustrating situation with your landlord retaining part of your security deposit for what they've termed "excessive" wear and tear. Generally, landlords can deduct from a security deposit for damage beyond normal wear and tear, but what you've... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: I have a summons of court today and it is summons notice of trial on petition for right of restitution or forcible entry

Do I have right to public defender or what are my rights I'm asking for an extended 30 days to comply?

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answered on Apr 1, 2024

In a civil case like a petition for right of restitution or forcible entry, you generally do not have the right to a public defender. Public defenders are typically provided in criminal cases when a defendant cannot afford an attorney.

However, you still have rights and options:

1....
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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can my landlord charge me a late fee as well as a late fee notice charge in new Mexico?
James L. Arrasmith
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answered on Mar 30, 2024

In New Mexico, landlords have the right to impose late fees if a tenant's rent payment is overdue, according to the terms outlined in the lease agreement. These fees are intended to compensate the landlord for the inconvenience and potential financial instability caused by delayed payments.... View More

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

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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 Civil Rights for New Mexico on
Q: If a party is going on the other side of the street to your house, is it lawful for party guests to park in front...

of your house without your explicit consent? As it would seem to me that the immediate road in front of your home is reserved for your vehicle to be able to park.

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answered on Mar 24, 2024

It's common to assume that the space directly in front of one's home is reserved for their own use, but this is not always legally the case. On public streets, parking is typically available to anyone on a first-come, first-served basis, unless otherwise marked by signs, such as for... View More

2 Answers | Asked in Immigration Law for New Mexico on
Q: I applied for a I-485 change of status, I didn't get my citation for biometrics via mail until 24 hours after

I got married to a USA citizen, applied for a change of status I-485, we moved to a new place and tried to do the change of address first thing, apparently it got rejected cause in the web site doesn't say about the new update, so we had to search in a different place to apply for that change... View More

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answered on Mar 16, 2024

In your situation, it's important to document every step you've taken so far, especially regarding the change of address and attempts to reschedule the biometrics appointment. Start by gathering evidence such as confirmation of address change, the late arrival of the biometrics notice,... View More

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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

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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 Tax Law for New Mexico on
Q: A woman from the NM Tax Office wants Clients addresses to verify out of state sales. Do I have to provide them?

To provide them means giving them access to thousands of clients contact information.

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answered on Mar 13, 2024

In general, businesses are required to maintain records and provide information to state tax authorities to verify tax compliance, including the collection of sales tax on out-of-state sales. However, there are a few important considerations:

1. Verify the request: Ensure that the request...
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1 Answer | Asked in Business Law for New Mexico on
Q: Does a volunteer community orchestra in New Mexico need to exclude NM Registered Sex Offenders from participating?

We are a New Horizons Orchestra in New Mexico and are a member of the New Horizons International Music Association. We are a nonprofit 501(c)(3) group of musicians that play music in a community orchestra. We are primarily adults and retired people but we occasionally have minors playing with us.... View More

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answered on Feb 28, 2024

Based on the situation you described, here are a few key considerations:

- As a community orchestra with minors participating both as musicians and audience members, you have an obligation to provide a safe environment. Excluding registered sex offenders from participation may be prudent...
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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

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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 Civil Rights and Constitutional Law for New Mexico on
Q: Is it illegal for somebody to post a 15-year-olds police interrogation recording on YouTube?

This video is of my son who was 15 at the time of the reording and myself. I never gave anybody permission to post this video on YouTube. The YouTube user is profiting from his videos on his YouTube channel. Is this legal??

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answered on Feb 23, 2024

It is likely illegal for someone to post a police interrogation recording of a minor on YouTube without proper authorization. In most jurisdictions, recording and disseminating such material without consent from both the minor and their legal guardian would violate privacy laws and potentially... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: May New Mexico HOA Board members meet informally to discuss possible agenda issues in private, if no decisions are made?

These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.

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answered on Feb 23, 2024

In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Q: If the state puts a felony conviction charge on my criminal background, that is not mine,can I sue??

I'm asking this because I've been Tryna make a living for myself and my children as I am a single parent and I'm not able to get a decent job because of the felony charge that is not mine... i had even been jailed for the charge and guns pulled on me by police..

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answered on Feb 23, 2024

It sounds like you're facing a challenging situation with a felony conviction on your criminal background that isn't yours. Being wrongly convicted can have significant consequences, impacting your ability to secure employment and potentially leading to distressing encounters with law... View More

1 Answer | Asked in Tax Law for New Mexico on
Q: My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed?

Is there a smarter way to handle this? I know the bank will report this deposit to the IRS and I don't want it to intrigue the IRS or trigger and audit, but splitting this up into several checks would be considered "structuring" and that's illegal. What if my uncle sent the... View More

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answered on Feb 22, 2024

Receiving a $25,000 check as a gift from your uncle shouldn't inherently cause problems with the IRS, especially since you're self-employed. The IRS allows individuals to give a gift of up to $16,000 per recipient per year without needing to report the gift. Since the amount exceeds this... View More

1 Answer | Asked in Gov & Administrative Law for New Mexico on
Q: is it true its illegal to misspell someone's name? if so how serious?

misspelling of name on a Board License

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A New Mexico attorney could advise best, but your question remains open for a week. Do you mean an innocent mistake in spelling the name? That wouldn't be considered illegal in most places. But if the misspelling is deliberate and done with the aim of deceiving or misleading, that could be an... View More

2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
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answered on Feb 8, 2024

In New Mexico, as in other states, store owners or managers have the right to refuse service to anyone or ask someone to leave their property for almost any reason that is not discriminatory under federal or state law (e.g., based on race, religion, gender, etc.). If a person refuses to leave after... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
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answered on Feb 24, 2024

Generally, a store has the legal right to ask you to leave their premises if they believe you are engaging in behavior that disrupts their business or violates their policies. However, simply being asked to leave does not necessarily mean you have committed a crime. Stores have the authority to... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
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answered on Feb 7, 2024

In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More

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