New Mexico Questions & Answers

Q: Can you file for bankruptcy from outside the country?

1 Answer | Asked in Bankruptcy for New Mexico on
Answered on Jan 18, 2018

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.
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Q: Sold car to friend. Everything was still under my name. Friend got Into car accident. My insurance didn't cover.

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Jan 16, 2018

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.
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Q: My car was parked in front of my house along the road. Is that illegal?

1 Answer | Asked in Car Accidents and Traffic Tickets for New Mexico on
Answered on Dec 28, 2017

Depends on the roadway, if you were off the berm, etc.
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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

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.
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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

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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Q: The house that I have been renting for over a year does not have a permanent heating structure in it.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on Dec 26, 2017

It's not clear whether you have a lease agreement. If yes, there will definitely be certain terms and conditions on which you decided to move in. How does that agreement address your complaints? However, you can write your LL about your complaints and ask to get it repaired within xxx days, otherwise you will get it repaired at LL cost to be deducted out of rent. Hopefully it can address your complaints.
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Q: My i751 was never filed and I am now a TR. What do I need to do to resolve my immigration status now?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Dec 21, 2017

The I-751 must be filed jointly by the conditional resident and the spouse through whom residence was acquired no more than 90 days prior to the card’s expiration date. There are some exceptions to this. If the marriage ended due to divorce, death, or if there is DV, then the 2-year requirement is waived and the I-751 can be filed at any time prior to the conditional resident’s placement in removal proceedings. If the couple is still married and DV is not an issue, then the couple needs to...
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Q: Can I do anything legally against my mom, who abused me for 7yrs in NM. It ended when my dad began raising me on his own

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on
Answered on Dec 19, 2017

You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.
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Q: Can my parents refuse keep me from moving my son out of state? They are paranoid something will happen to him

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Dec 3, 2017

Unless they have some type of court order grandparent rights, custody, or guardianship, I don't see anyway they could prevent you from leaving the state with your son. I would recommend contacting an attorney to discuss the matter further if they are threatening to file some kind of legal action.
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Q: there anyway that i could get full rights and child support still if father doesn't see child at all?

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Answered on Dec 3, 2017

It is possible you could get primary custody and still get child support. As far as terminating his rights completely, if you do that the Court may still order child support. Terminating rights completely is difficult however, I would recommend you speak to an attorney to discuss all of your options. Please feel free to contact me or another attorney on Justia.
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Q: My child's father dies not pay child support and hasn't been in his life for more than 3 years and now is claiming he

1 Answer | Asked in Family Law for New Mexico on
Answered on Dec 3, 2017

It is possible but he would likely have to go to court to do so. I would recommend contacting an attorney to discuss your options and to review the court docket to see if anything has been filed. Please feel free to contact myself or any other attorney on Justia if you want.
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Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Answered on Nov 30, 2017

Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge). You should discuss these issues with your lawyer.
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Q: What's the time frame to file a lawsuit against jcpenny?

1 Answer | Asked in Consumer Law and Personal Injury for New Mexico on
Answered on Nov 13, 2017

I notice you are from Fort Worth but you are asking the question in New Mexico. The statute of limitations in New Mexico is three years, so you still have time. I will not state with certainty what it is in Texas, but it could be two years, if it happened in Texas I would recommend consulting an attorney there immediately. If it happened in New Mexico, I would recommend contacting a New Mexico attorney to discuss, either myself or someone else you may find on Justia.
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Q: Upcoming hearing for child support modification my income has changed.

1 Answer | Asked in Child Support for New Mexico on
Answered on Nov 13, 2017

The Court does not count income of your new spouse towards child support. Your case could be a little more complicated though as since you are married it may not be entirely clear whose income that rental money is, I would need to know more of the details to give you a more complete answer. For example, if you are a co-owner of the home, that could complicate things. I would recommend you contact either myself or another family law attorney to discuss the matter in more detail.
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Q: I'm a stay at home mom. How will this affect the child support for my son?

1 Answer | Asked in Family Law and Child Support for New Mexico on
Answered on Nov 13, 2017

In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a stay at home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court...
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Q: Where can I find the factual information on Diminished Value & it's relevancy to insurance claims in New Mexico?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Mexico on
Answered on Nov 11, 2017

I believe I suggested if you were hurt contact a member of the NM Assn for Justice--they'll give you a free consult. Why not ask your own insurance or AAA?
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Q: Can you take someone to court for totaling your vehicle

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Nov 11, 2017

Tell the officer that defendant has no insurance. Technically they can't be a tow if they don't.
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Q: what legal rights do I have for custody and visitation as a mother paying child support?

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017

You have the absolute right to put a motion in to have custody modified based on what is in your child's best interests. I would recommend you contact an attorney to discus your options.
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Q: The mother of my child is recently deceased she died in new mexico without a will her parent has my child and refuses me

2 Answers | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017

Given that you are the only biological parent remaining, you should be able to do so however since the grandmother is not giving the child willingly to you, you will likely need to take her to court and get a Court Order requiring her to give you the child. I recommend contacting an attorney in New Mexico to discuss your options.
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Q: Can someone please help me understand what a 'mixed decision' means in a divorce judgement? thank you

1 Answer | Asked in Divorce for New Mexico on
Answered on Nov 9, 2017

A mixed decision usually means that the judge ruled in one party's favor on some issues, and in the other party's favor on other issues, or even that on individual issues the judge didn't rule entirely the way either party wanted but somewhere in the middle.
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