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New Mexico Questions & Answers

2 Answers | Asked in Bankruptcy for New Mexico on

Q: My father is a cosigner on my car. If I file chapter 7 will it effect him? I want to keep the car. Payments are current.

Arun Arjan Melwani answered on Aug 16, 2019

If you plan to keep the car and continue making payments, then your father will not be affected by you filing bankruptcy. However, if you fail to make the payments and they eventually repossess the vehicle then that will negatively impact him since he is equally liable for the debt you have... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on

Q: Is getting pulled over by an officer for the 1rst time without cause other then knowing my liecense were suspended

The officer also said he and every other police are to pull me over when i move my car and laughed when saying he personally will have it impounded

Gary Kollin answered on Aug 14, 2019

You are driving on a suspended license. That is cause

1 Answer | Asked in Consumer Law for New Mexico on

Q: Possible consumer law issues

I purchased a car from a location with dealer tags and was promised the car was rebuilt and no engine light on but to also be able to be legally registered and emissioned. The day after I bought it the check engine light came on and it was for o2 sensors, causing me not to be able to to emissions... Read more »

David Humphreys answered on Aug 13, 2019

I would hire a New Mexico lawyer. Check out consumer advocates.org to find a lawyer.

2 Answers | Asked in Business Formation and Tax Law for New Mexico on

Q: my ex wife and I owned a local corporation and we have divorced. My ex told me that the company was dissolved. how???

I have the articles of the corporation showing me as an officer and that the corporation has not been dissolved. Would a case like mine fall under tax law??

D. Mathew Blackburn answered on Jul 30, 2019

It wouldn't be tax to determine if it was dissolved or not. You'd need a business attorney. You can also check the Secretary of State's website to see the current status.

If it was dissolved you may have a taxable event on liquidation.

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1 Answer | Asked in Criminal Law for New Mexico on

Q: Can I get breaking and entering charge

There was no posted no trespassing signs there was a house no door full of trash I didn't go in just walked around the property looking at everything there was a gate but it wasn't locked the gate was wide open

William Jaksa answered on Jul 29, 2019

Technically speaking it doesn't matter if a door is locked or even if it's wide open to be charged with B&E. The act of opening an unlocked door can be enough to be considered breaking & entering. It depends on your intentions. If your intentions were just exploring the property, and there was no... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on

Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »

William Jaksa answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Contracts, Banking, Civil Litigation and Internet Law for New Mexico on

Q: I am being billed monthly, and CitiBank is paying over my objections, for a service I haven't used since 2016.

When I call the number listed for the invalid bill on my Citi statements, they hang up on me with no discussion. The email address on their website doesn't work.

Regardless, Citi says I need to communicate with the vendor to stop charges. I can't communicate with them and haven't received... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

FYI: You are fighting the "triangle" battle that very few--if any--bank customers can ever hope to win. But as a former bank operations officer, I will tell you the easiest and most effective way to win and stop the monthly bleeding:

Close your account at Citi Bank--and do not open up a...
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1 Answer | Asked in Contracts and Real Estate Law for New Mexico on

Q: Can Buyer "cancel" a Self-created Real Estate Contract with NO Contingencies, because appraisal was lower than contract?

Real Estate Contract

This contract is made on May 28, 2019, by *** and *** (Seller) and *** and *** (Buyer)

Seller agrees to see to buyer the following described Real Estate: The Property address is ****** , Las Cruces, NM 88011. The Property is located in *** Subdivision (legal... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (being unable to know what the future may bring) and am unable to opine on your current dilemma. Advice: wait and... Read more »

1 Answer | Asked in Landlord - Tenant for New Mexico on

Q: can I use my tenants damage deposit towards reimbursement of my $1500 insurance deductible? They caused a grease fire

Deena L. Buchanan answered on Jun 30, 2019

It depends on how the lease defines what you can use the deposit for.

1 Answer | Asked in Personal Injury for New Mexico on

Q: Church case. Need to ID abuser. Early 80s. Can I just ask the church? Would that damage anything?

I need to ID the one who molested me in early 80s. Church is currently being sued by over 4 all claiming a different abuser(same for all 4 different from mine). I don’t know how to go about this and don’t want to damage anything

Deena L. Buchanan answered on Jun 29, 2019

You should speak to a personal injury attorney about this. If you are able to bring the claim within the statute of limitations, you could sue the church and get discovery from the church that could help you get information about the individual who abused you.

There are deadlines that...
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1 Answer | Asked in Employment Law and Elder Law for New Mexico on

Q: I HAVE BEEN WORKING FULL TIME FROM HOME FOR 6 MONTHS UNDER A DR'S CARE FOR A SUDDEN HEART PROBLEM.

I HAVE BEEN MEDICALLY RELEASED TO RETURN TO WORK. MY EMPLOYER TOLD ME I'M A LIABILITY AND FORBIDS ME TO RETURN TO THE OFFICE AS A OFFICE MANAGER. I HAVE NO IDEA IF HE IS GOING TO CONTINUE PAYING ME CONSIDERING EACH WEEK MY WORK HAS BEEN REDUCED AND GIVEN TO MY ASSISTANT WHO EARNS CONSIDERABLY LESS... Read more »

Deena L. Buchanan answered on Jun 29, 2019

You should definitely reach out to a New Mexico employment lawyer about this. You are describing retaliation for taking leave for a serious medical condition, which is illegal under New Mexico law. While you have a smaller employer, New Mexico employment law protects employees as long as the... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Employment Discrimination for New Mexico on

Q: Do I have to sign a release of information for all former and any company I applied for since my constructive discharge?

Employment disability discrimination case in New Mexico. In the discovery phase, they are insisting that I sign a release of information for all former, even though I was employed by this company for 17 years, and all companies I applied since my constructive discharge. What relevance does any... Read more »

Deena L. Buchanan answered on Jun 29, 2019

Are you handling this case by yourself? If possible, I strongly urge you to consult with an attorney. Litigation is filled with these kinds of issues that can get your case dismissed if you don't handle them properly.

I believe you are asking about an employment information release....
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on

Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... Read more »

David Humphreys answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
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1 Answer | Asked in DUI / DWI for New Mexico on

Q: If a speedy trial takes to long to go to trial. Does the courts violate your rights to a speedy trial?

Brandon Alexander Thomas answered on Jun 28, 2019

Under the speedy trial statute, a case needs to be brought to trial within two terms of court. There are disadvantage to filing a motion for speedy trial. For example, most courts will not entertain a plea agreement once you have filed a motion for speedy trial, which means you must have a trial in... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Mexico on

Q: I wish to sublease a portion of of my commercial lease but property management is asking for 25% of the rent I collect!

We have unused space in my building I wish to sublease. I asked and received permission according to the terms of my original lease but with additional terms. Property management needs a copy of the agreement, our tenant needs liability insurance and they want 25% of the agreed upon rent! Is that... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Since you need permission to sublet the landlord is holding you up; you have two choices: pay the additional 25% (add it to the new sub-tenant's rent); or kiss the deal goodbye.

1 Answer | Asked in Family Law for New Mexico on

Q: my daughter is nearly 15 and wants to change her last name to her step-fathers. can her father object?

her father and I are amicable but he would never allow it if he can object. but everything i've read says since she's over the age of 14, she can petition the court to change her name. part of it is her relationship with her father, but mostly his last name is weird and pronounced weirdly and she'd... Read more »

Don F. Harris answered on Jun 6, 2019

The parents of a minor child have to be notified of a name change in New Mexico, and her dad can object. He may not bother, or the judge very well may overrule his objection if the child's reasoning is sound.

2 Answers | Asked in Family Law and Divorce for New Mexico on

Q: I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.

My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.

We are trying to figure out how best to divide... Read more »

Gary William Boyle answered on May 22, 2019

The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.

1. All of the assets you acquired during the marriage (except those acquired...
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1 Answer | Asked in Tax Law for New Mexico on

Q: I been living at motel 6 for 7 months they keep checking me out then checking me in so I can keep paying taxes

I been staying with them off and on for years but months even whole year straight and last week said I was a perment tenant but now this week it said walk in I got proof I save every receipt this is motel 6 here in albuquerque they check me out after 35 days then they check me back in and I never... Read more »

Bruce Alexander Minnick answered on May 16, 2019

You might not agree with me but the amount of money involved is way too small to be of interest to most lawyers.

FYI, the law is not designed to solve every little problem that comes your way during this lifetime, The Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Child Custody and Native American Law for New Mexico on

Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?

Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on my... Read more »

Scott E Beemer answered on Apr 26, 2019

Hello,

Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.

1 Answer | Asked in Tax Law for New Mexico on

Q: I have an uncle in assisted living. I have POA. He did not recieve the forms to file his tax. S.S. said I needed a lette

From him to get the forms. He and I are I different cities. I asked the administrator to please write a letter for him and him sign it. So that I could get the forms needed from S.S.

She said she would then later informed me she was told by the facility lawyer not to do it. Does she have... Read more »

Bruce Alexander Minnick answered on Apr 17, 2019

Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for... Read more »

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