New Mexico Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
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- DUI / DWI
- Employment Law
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- Foreclosure
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- Animal / Dog Law
- Antitrust
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- Business Law
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- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
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- Communications Law
- Constitutional Law
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- 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
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- Nursing Home Abuse
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- Public Benefits
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- Small Claims
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- Uncategorized
- White Collar Crime
- Wrongful Death
New Mexico Questions & Answers
Q: How long can your license be suspended for not paying a ticket
Glenn Smith Valdez's answer
You license will be suspended until you meet conditions for reinstatement: until you pay the ticket. If you are caught driving while your license is suspended, you are facing mandatory jail time and an additional one year suspension of your license. You should pay your ticket promptly, before the consequences become more expensive and more serious.
-Glenn Smith Valdez
You license will be suspended until you meet conditions for reinstatement: until you pay the ticket. If you are caught driving while your license is suspended, you are facing mandatory jail time and an additional one year suspension of your license. You should pay your ticket promptly, before the consequences become more expensive and more serious.
-Glenn Smith Valdez
Q: Careless driving, doing 106 on a 55 zone what could happen?
Glenn Smith Valdez's answer
While jail is a possibility with a careless driving charge in New Mexico - (up to 9 days and up to a $300 fine) it is very very unlikely. Quite simply, the jails in our state are overcrowded and expensive to run, the last thing most judges want to do is put the mother of a two-year old in jail. You should try to put the worry of jail behind you and consider the realistic results. A conviction for careless driving will put 3 points on your New Mexico Drivers License, and will likely result in...
While jail is a possibility with a careless driving charge in New Mexico - (up to 9 days and up to a $300 fine) it is very very unlikely. Quite simply, the jails in our state are overcrowded and expensive to run, the last thing most judges want to do is put the mother of a two-year old in jail. You should try to put the worry of jail behind you and consider the realistic results. A conviction for careless driving will put 3 points on your New Mexico Drivers License, and will likely result in...
Q: Abandoned teenager, came on a tourist visa. Dad never came back for her. Mom was killed. What option do I have
Juan V. Cervantes' answer
This sounds like a very sad situation. It sounds like she may eligible for SIJS. Please seek legal assistance immediately as SIJS is a cumbersome process with multiple steps.
This sounds like a very sad situation. It sounds like she may eligible for SIJS. Please seek legal assistance immediately as SIJS is a cumbersome process with multiple steps.
Q: My son is doing 3 years he has done his time has 30 days left. Still no interstate compact. Help
Dale S. Gribow's answer
PROSPECTIVE CLIENTS WOULDN’T CALL A DOCTOR FOR A DIAGNOSIS VIA THE PHONE/EMAIL YET THEY DON’T REALIZE THEY ARE DOING THE SAME THING WHEN THEY CALL/EMAIL A LAWYER TO ANSWER TO A LEGAL QUESTION.
IN MOST INSTANCES A LAWYER SHOULD NOT ANSWER A QUESTION WITHOUT GETTING ALL THE INFORMATION. I USUALLY TELL PROSPECTIVE CLIENTS TO WRITE OUT A DETAILED SUMMARY BEFORE THEY SEE A LAWYER SO THAT THEY DO NOT FORGET ANYTHING AND SINCE LAWYERS CHARGE FOR TIME IT WOULD TAKE THE ATTORNEY MINUTES TO...
PROSPECTIVE CLIENTS WOULDN’T CALL A DOCTOR FOR A DIAGNOSIS VIA THE PHONE/EMAIL YET THEY DON’T REALIZE THEY ARE DOING THE SAME THING WHEN THEY CALL/EMAIL A LAWYER TO ANSWER TO A LEGAL QUESTION.
IN MOST INSTANCES A LAWYER SHOULD NOT ANSWER A QUESTION WITHOUT GETTING ALL THE INFORMATION. I USUALLY TELL PROSPECTIVE CLIENTS TO WRITE OUT A DETAILED SUMMARY BEFORE THEY SEE A LAWYER SO THAT THEY DO NOT FORGET ANYTHING AND SINCE LAWYERS CHARGE FOR TIME IT WOULD TAKE THE ATTORNEY MINUTES TO...
Q: A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee.
1 Answer
| Asked
in
Banking, Business Law, Civil Litigation and Consumer Law
for
New Mexico
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
David Humphreys' answer
it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.
You have a claim for the tort of unreasonable debt collection if they continue to attempt to collect from you. I would write them a quick letter and send it either registered mail receipt requested or by fax to prove you sent it.
Dear Sir,
I dont owe you any...
it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.
You have a claim for the tort of unreasonable debt collection if they continue to attempt to collect from you. I would write them a quick letter and send it either registered mail receipt requested or by fax to prove you sent it.
Dear Sir,
I dont owe you any...
Q: My employer condones and actively participates in foul language when addressing me as a female employee.
Trent A. Howell's answer
Depending on the circumstances, a "hostile environment" can amount to discrimination under the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq., and/or Title VII. In Ocana v. American Furniture Co., 135 N.M. 539, 91 P.3d 58, 66 (2004), the New Mexico Supreme Court explained:
sexual harassment is actionable under a hostile work environment theory when the offensive conduct becomes so severe and pervasive that it alters the conditions of employment in such a manner that...
Depending on the circumstances, a "hostile environment" can amount to discrimination under the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq., and/or Title VII. In Ocana v. American Furniture Co., 135 N.M. 539, 91 P.3d 58, 66 (2004), the New Mexico Supreme Court explained:
sexual harassment is actionable under a hostile work environment theory when the offensive conduct becomes so severe and pervasive that it alters the conditions of employment in such a manner that...
Q: Can I withhold money from a terminated employees final paycheck?
Trent A. Howell's answer
In general, NM Stat § 50-4-2 (2016) limits the extent and manner in which an employer can withhold earned pay from employee paychecks.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
In general, NM Stat § 50-4-2 (2016) limits the extent and manner in which an employer can withhold earned pay from employee paychecks.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
Q: I think I am being retaliated against by my pharmacy manager because I went to upper management about her.what can I do
1 Answer
| Asked
in
Employment Law, Civil Rights and Employment Discrimination
for
New Mexico
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
Trent A. Howell's answer
A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower Protection Act (“NMWPA”), NMSA § 10-16C-1 et seq.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your...
A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower Protection Act (“NMWPA”), NMSA § 10-16C-1 et seq.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your...
Q: I applied at a restaurant a few weeks back. My partner works there too. The owner told my partner that he wasn't
1 Answer
| Asked
in
Employment Law, Business Law and Employment Discrimination
for
New Mexico
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
Trent A. Howell's answer
In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates others based on their "couple" status, there may be a question of whether the employer is applying this standard in a discriminatory way.
This is not legal advice to you, but a general idea of the law. Whether and...
In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates others based on their "couple" status, there may be a question of whether the employer is applying this standard in a discriminatory way.
This is not legal advice to you, but a general idea of the law. Whether and...
Q: Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?
Arun Arjan Melwani's answer
Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4 years on an open account and 6 years on a contracted debt. A medical service and the bill related to it is usually a contracted service and thus the statute of limitations is 6 years. However, a...
Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4 years on an open account and 6 years on a contracted debt. A medical service and the bill related to it is usually a contracted service and thus the statute of limitations is 6 years. However, a...
Q: Is it a class 6 felony in NM to take a teenagers cell phone which is paid for by the parent away?
Cheryl Powell's answer
You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.
You asked this q in il. We hace no idea what nm laws r and there are no class 6 felonies in this state.
Q: How should I respond to a letter from a collection agency regarding a time-barred debt?
Arun Arjan Melwani's answer
You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the complaint and assert in your answer any affirmative defenses that you may have. The affirmative defense that the "Statute of Limitations" has run is important to put in the answer to the complaint. If you...
You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the complaint and assert in your answer any affirmative defenses that you may have. The affirmative defense that the "Statute of Limitations" has run is important to put in the answer to the complaint. If you...
Q: I got a ticket for speeding in New Mexico but the information of the car is all wrong what can I do can I fight it?
Grant St Julian III's answer
You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.
You will have to contact an attorney in New Mexico, but the make, mode and year of the car are not elements of a speeding offense. Therefore, any mistakes about such information will generally not cause dismissal of the citation.
Q: Can I get away from this debt?
1 Answer
| Asked
in
Small Claims, Collections and Contracts
for
New Mexico
on
Answered on Jan 30, 2018
Answered on Jan 30, 2018
Arun Arjan Melwani's answer
Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.
Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.
Q: There are many variations of the tensile tents being manufacturered. At what point is it a different product?
Kevin Flynn's answer
The patent examiner in the United States Patent & Trademark Office is not supposed to grant a patent on an application unless the application teaches something that would not be obvious to someone of skill in the art of making tensile tents who has access to everything ever done or suggested to be done in that field.
This hypothetical person of skill in the art can understand all languages and has access to every solution ever proposed for solving an analogous problem.
Thus, a...
The patent examiner in the United States Patent & Trademark Office is not supposed to grant a patent on an application unless the application teaches something that would not be obvious to someone of skill in the art of making tensile tents who has access to everything ever done or suggested to be done in that field.
This hypothetical person of skill in the art can understand all languages and has access to every solution ever proposed for solving an analogous problem.
Thus, a...
Q: Can you file for bankruptcy from outside the country?
Arun Arjan Melwani's answer
The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.
The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.
Q: Sold car to friend. Everything was still under my name. Friend got Into car accident. My insurance didn't cover.
Peter Munsing's answer
Yes. However the other person--if not at fault--can claim against you.You want to fight your company as car was insured--talk to a member of the N.Mex Assn for Justice who handles "bad faith" claims--they give free consults.
Yes. However the other person--if not at fault--can claim against you.You want to fight your company as car was insured--talk to a member of the N.Mex Assn for Justice who handles "bad faith" claims--they give free consults.
Q: I lost my job but my spouse still works, we are now with o money, and going into foreclosure, can I file for bankruptcy
2 Answers
| Asked
in
Bankruptcy, Foreclosure and Small Claims
for
New Mexico
on
Answered on Dec 28, 2017
Answered on Dec 28, 2017
Cristina M. Lipan's answer
A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.
Information provided for informational purposes only and should not be taken as legal advice.
A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.
Information provided for informational purposes only and should not be taken as legal advice.
Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning and Landlord - Tenant
for
New Mexico
on
Answered on Dec 27, 2017
Answered on Dec 27, 2017
Thomas. R. Morris' answer
This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.
This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.
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