New Mexico Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
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- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
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- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
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- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
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- Securities Law
- Sexual Harassment
- Small Claims
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- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
New Mexico Questions & Answers
Q: I received a summons due to careless driving. I was driving to work and had an accident. What are my options.
Mark Caruso's answer
Thank you for contacting Caruso Law Offices.
You will need a criminal attorney in the county where the citation was issued. (Not saying that you are a criminal, but criminal attorneys handle citations like the careless driving citation you received.) We don't handle these types of cases. We only handle personal injury and wrongful death cases.
Thank you for contacting Caruso Law Offices.
You will need a criminal attorney in the county where the citation was issued. (Not saying that you are a criminal, but criminal attorneys handle citations like the careless driving citation you received.) We don't handle these types of cases. We only handle personal injury and wrongful death cases.
Q: I unexpectedly inherited a large sum of cash and want to buy out the remaining balance on my home.
Arun Arjan Melwani's answer
Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.
Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.
Q: If a company won a judgement but they never made contact, can I just ignore?
Arun Arjan Melwani's answer
No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the judgement with the county clerk and the judgement will turn into a lien against any real property that you may own or acquire in the future. You should call an attorney right away to address your...
No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the judgement with the county clerk and the judgement will turn into a lien against any real property that you may own or acquire in the future. You should call an attorney right away to address your...
Q: Am I able to get a credit card after filing for bankruptcy?
Stuart Nachbar's answer
YEs, you can get a credit card after you file. I would not recommend it, but you can. If you are in a Chapter 13, technically you must ask the Court for permission to get one. That does not apply to a Chapter 7
YEs, you can get a credit card after you file. I would not recommend it, but you can. If you are in a Chapter 13, technically you must ask the Court for permission to get one. That does not apply to a Chapter 7
Q: My friend is facing 10yrs Mandatory Miminum for conspiracy to traffic meth.What price range for a lawyer?
Stephen Aarons' answer
Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are excellent lawyers in spite of being overworked
Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are excellent lawyers in spite of being overworked
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: 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.
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