New Mexico Questions & Answers

Q: If you have a lawsuit pending or a judgement has been made, would chapter 7 bankruptcy stop any further actions?

3 Answers | Asked in Bankruptcy for New Mexico on
Answered on Dec 11, 2018
Timothy Denison's answer
Depends on what kind of action but generally speaking g, yes.

Q: I received a summons due to careless driving. I was driving to work and had an accident. What are my options.

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Dec 10, 2018
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.

Q: I unexpectedly inherited a large sum of cash and want to buy out the remaining balance on my home.

1 Answer | Asked in Foreclosure for New Mexico on
Answered on Nov 16, 2018
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.

Q: If a company won a judgement but they never made contact, can I just ignore?

1 Answer | Asked in Collections for New Mexico on
Answered on Nov 16, 2018
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...

Q: Am I able to get a credit card after filing for bankruptcy?

2 Answers | Asked in Bankruptcy for New Mexico on
Answered on Nov 16, 2018
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

Q: My friend is facing 10yrs Mandatory Miminum for conspiracy to traffic meth.What price range for a lawyer?

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Answered on Nov 7, 2018
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

Q: If I was in a car accident (dui) and dealt damage to a building can I still he charged although it was unintentional

1 Answer | Asked in Car Accidents and DUI / DWI for New Mexico on
Answered on Oct 8, 2018
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.

Q: Can a person in the state of new mexico be charge with the same crime for federal and state? Meaning double jeopardy

2 Answers | Asked in Federal Crimes for New Mexico on
Answered on Oct 6, 2018
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.

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.

1 Answer | Asked in Real Estate Law for New Mexico on
Answered on Sep 25, 2018
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...

Q: GAL board?

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Sep 21, 2018
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.

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?

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on Sep 17, 2018
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

Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

1 Answer | Asked in Bankruptcy for New Mexico on
Answered on Sep 16, 2018
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.

Q: Once tenant has been given 3-day eviction notice for non-payment of rent, what is the next step for the landlord?

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on Sep 11, 2018
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.

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
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

Q: What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.

1 Answer | Asked in Family Law for New Mexico on
Answered on Sep 7, 2018
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...

Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

2 Answers | Asked in Bankruptcy for New Mexico on
Answered on Sep 5, 2018
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.

Q: I have a point based timeshare where do I list that on the schedules??

3 Answers | Asked in Bankruptcy for New Mexico on
Answered on Jul 27, 2018
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...

Q: I told the doctors I had sensitivities to certain medications,

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Jul 25, 2018
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.

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?

1 Answer | Asked in Bankruptcy for New Mexico on
Answered on Jul 22, 2018
Timothy Denison's answer
Bankruptcy Wil buy you a month or two at best ndso the eviction, but blue temorarily.

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