New Mexico Questions & Answers

Q: BIO father abanded me & died. Funeral home says I needed to sign to release body. Am I liable/entitled to anything?

1 Answer | Asked in Adoption and Probate for New Mexico on
Answered on Jun 15, 2018
Ben F Meek III's answer
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological parents. You would not be personally liable for your father's debts but they might have to be paid from his assets. An experienced probate lawyer in your father's state can answer these and other questions....
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Q: Does the tenant have to replace a window if it was broken by burglary or does the landlord fix the window

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on Jun 12, 2018
Salim U. Shaikh's answer
LL must know that window was broken in burglary and has to be fixed. If LL so avoid to fix it, tenant may get it fixed for his own safety and security at LL cost deductible out of rent.
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Q: I'm a cdl driver and had a different do to wind and getting charged with careless driving what should I do

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on Jun 4, 2018
Glenn Smith Valdez's answer
When a careless driving charge involves a crash, the cases are more complicated and difficult to deal with. Sometimes that complication can be used by a good attorney to help win the case. A great attorney will request all of the discovery, witness statements, video, crash reports. They will review everything and determine what the best possible outcome is. It may be a plea to a reduced charge such as failure to maintain a traffic lane, or it may be that the best solution is to go to trial and...
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Q: What happens to the deposit of the tenant moves in for three days and then moves out. They signed a year lease.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on Jun 2, 2018
Salim U. Shaikh's answer
Terms of contract/lease need to be followed by either side. It's not clear whether lease has yet been prepared/signed by both sides. If yes, then proper notice for move out to be delivered by tenant. After move out SD has to be refunded subject to payment against bills etc.
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Q: REQUEST FOR INTERNATIONAL ARREST WARRANTS how to

1 Answer | Asked in International Law for New Mexico on
Answered on Jun 1, 2018
Richard Sternberg's answer
The ICC has no jurisdiction in New Mexico. The United States withdrew its signatory status to the Rome Treaty. Even if it had jurisdiction, the ICC would not address issues involving your arrest or incarceration unless you are a war criminal or the UN has delegated the case to the ICC, usually after genocide. You need a New Mexico lawyer.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer...

Q: Can an employer tell employees who can give or receive an employment reference?

1 Answer | Asked in Employment Law for New Mexico on
Answered on May 22, 2018
Salim U. Shaikh's answer
It depends on the situation to give or receive an employment reference. It is out of their purview.
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Q: I was buying a vehicle from a private party and they wrongfully repossessed am I still responsible for payments?

1 Answer | Asked in Consumer Law and Small Claims for New Mexico on
Answered on May 20, 2018
David Humphreys' answer
No. You really should find a lawyer to sue the seller.
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Q: If an officer didn't give me a paper ticket when stopped, should I be expecting one in the mail?

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on May 14, 2018
Glenn Smith Valdez's answer
It depends. In very rare cases, an officer will have a Summons issued to have you appear in court for a traffic violation. However, that typically is in situations where ther is a crash. You said you were pulled over. What did the officer tell you? Perhaps he or she just gave you a warning? Think back to the traffic stop, you may be able to remember what was said and answer the question yourself.

Q: I got a speeding ticket for going 72 In a 45, the officer said if I take a driving saftey course, nothing will show up..

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on May 10, 2018
Glenn Smith Valdez's answer
Without looking at your citation it is a difficult question to answer. You should contact the court and see what they can tell you about the situation. You are on the right track wanting to keep it off your driving record. The fine is very high as well and you should try to avoid paying that if possible. You may want to consider consulting with an experienced traffic ticket lawyer who can review the citation and give you a more accurate explanation

- Glenn Smith Valdez

Q: Someone is trying to sell my trademark as a domain name. Is that something tort litigation handles?

1 Answer | Asked in Trademark for New Mexico on
Answered on May 8, 2018
Jason Brooks' answer
A person who registers someone else's trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner is known as a cybersquatter. If you believe that someone has taken your domain in bad faith, you can sue them under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or you can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN). Suing under...

Q: An attorney said she was working pro bono on a bankruptcy appeal, but her contract clearly states it's a contingency.

1 Answer | Asked in Bankruptcy and Legal Malpractice for New Mexico on
Answered on May 4, 2018
Timothy Denison's answer
If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new lawyer and straighten out the representation.

Q: If I go into bankruptcy, does that stay a foreclosure?

1 Answer | Asked in Foreclosure for New Mexico on
Answered on May 4, 2018
Arun Arjan Melwani's answer
Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant relief or modification of the stay if the creditor can show that there is not adequate protection or the debtor does not have equity in the property (usually meaning that the collateral, a house in...

Q: The company I work for is asking us to buy and wear their clothes when at work, as new styles come in. 7-50% of wages.

1 Answer | Asked in Employment Law and Antitrust for New Mexico on
Answered on May 3, 2018
Salim U. Shaikh's answer
Company cannot compel you to buy their stuff, however, they may offer subsidized prices for employees to use their clothing when at work.

Q: I just received notice that my wages are going to be garnished for a loan my ex-husband applied for after we were

1 Answer | Asked in Collections for New Mexico on
Answered on May 1, 2018
Arun Arjan Melwani's answer
New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the writ of garnishment.

Q: I see that New Mexico's bankruptcy exemptions are different than the federal ones. Can I pick and choose from both lists

2 Answers | Asked in Bankruptcy for New Mexico on
Answered on May 1, 2018
Timothy Denison's answer
No. You must elect whether you’re using state or federal exemptions.

Q: Can you be charged with careless driving in a private parking lot?

1 Answer | Asked in Traffic Tickets and Car Accidents for New Mexico on
Answered on Apr 25, 2018
Glenn Smith Valdez's answer
Careless driving does not apply in a parking lot. Reckless, however, can be committed in a parking lot. Reckless has a higher “mens rea” or intent element, meaning simply being negligent will not suffice. It also carries mandatory jail. This is a serious offense. You should consult with an experienced traffic lawyer.

-Glenn Smith Valdez

Q: How long can your license be suspended for not paying a ticket

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on Apr 24, 2018
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

Q: Careless driving, doing 106 on a 55 zone what could happen?

1 Answer | Asked in Traffic Tickets for New Mexico on
Answered on Apr 12, 2018
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...

Q: Abandoned teenager, came on a tourist visa. Dad never came back for her. Mom was killed. What option do I have

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Apr 8, 2018
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.

Q: My son is doing 3 years he has done his time has 30 days left. Still no interstate compact. Help

1 Answer | Asked in Personal Injury for New Mexico on
Answered on Apr 4, 2018
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...

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