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New Mexico Questions & Answers

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...
Read more »

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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 »

2 Answers | Asked in Contracts for New Mexico on

Q: Is electronic signature legally binding in New Mexico without the person physically signing a document.

My stepmom in New Mexico asked ADT to install their equipment. The installer only had her sign one document with 3 numbers on it, but no where did she sign that they could use her electronic signature on the official ADT contract. They said that they sent her the contract to her email, but she... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Yes. In these days of electronic everything most states have defined electronic signature as being the same as hand written signatures. Whether you mom has to pay for something you say was supposed to be free is another question.

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1 Answer | Asked in Contracts for New Mexico on

Q: Can I get my non refundable fee back?

I went into contract with a person, she never fulfilled her part of the contract and now claims she’s entitled to the non refundable deposit fee of$3,500

The contract was for a one month course training for permanent makeup. I paid a little over $7,000 up front paid in full. Total course... Read more »

Bruce Alexander Minnick answered on Apr 3, 2019

If you have the financial resources to give over $7,000+ to a complete stranger who promised to educate you in how to apply permanent makeup in only one month, then you surely have enough money to hire a competent lawyer.

The case looks easy to prove--if you can admit to being gullible and...
Read more »

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

Q: There is a contract between myself and my roommate but it isn't signed, is it still legal binding?

In the contract, it states that the $1200 I paid when I initially moved in was for first and last months rent. My roommate is now trying to claim the last month rent is actually a deposit. The contract, which was written by her, is unsigned by her so I'm unsure if what is written still holds or if... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

If you paid the last month's rent to the landlord then the landlord must still have the last month's rent on deposit. So if your roommate is staying in the apartment after you leave, she will (someday) have benefit of the last month's rent after you are gone. Right? IMO, she should (at the very... Read more »

1 Answer | Asked in Products Liability, Civil Litigation and Small Claims for New Mexico on

Q: Took car to mechanic he let someone else take car to get diagnoses check and ended up worse!?

Car only had misfire, got vehicle back smoking from engine!

Timur Akpinar answered on Mar 18, 2019

It's not fully clear what took place here, in terms of what you agreed to, whether you were provided with an estimate, what amount you were charged, what the original problem with the car was, what the condition of the car is, what the mechanic did, among other issues. You could contact an attorney... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on

Q: My bankruptcy attorney's para legal accidentally emailed my information to a stranger. Do I have a case?

She responded to my email and sent a CC to a stranger instead of my husband.

Timothy Denison answered on Mar 8, 2019

Unless you have actual damages from the errant email, there is no case.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on

Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

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

Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.

Carlos N. Martinez answered on Mar 1, 2019

First, you should respond to whatever motion he filed against you. Then you should file a motion for custody and request a hearing. When you get your hearing setting, prepare for the hearing by reviewing the state statutes, court procedure and local rules.

1 Answer | Asked in Family Law for New Mexico on

Q: My question is how do I know my rights as a father after after a leabe of absence leaving the state of nm for over two

My ex-fiance / children's mother and my two boys still reside in santa Fe. I'm in Minnesota now with family however I have to at least try to get my parental rights back. As she was the direct reason I had to leave and same for not returning.? Plz help me make a decision??

Carlos N. Martinez answered on Mar 1, 2019

In New Mexico, you are presumed to have joint legal custody rights to your kids unless there is a court order stating otherwise. If there is no case currently pending, then you should file a parentage and custody case immediately to protect your parental rights, and to establish your visitation.

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

Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... Read more »

Scott E Beemer answered on Feb 28, 2019

Hello,

I am sorry to hear of your situation.

Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the...
Read more »

1 Answer | Asked in Criminal Law for New Mexico on

Q: Should I plead guilty or not guilty for selling to alcohol to a minor in the state of New Mexico?

About a month ago my convenience store was put under a sting for selling alcohol to minors, and I was cited for selling to one. I asked the person for her ID and put in the date into the register and it kicked back that the date entered was not valid. I tried several times to put in the date... Read more »

Carlos N. Martinez answered on Feb 18, 2019

You should never plead guilty, nor should you ever talk to the police without a lawyer present. You should also never put something like the above, seeming to admit guilt, in the public realm where a district attorney could find it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on

Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?

Carlos N. Martinez answered on Feb 18, 2019

You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

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

Q: How do I go about getting full custody for my son but not file for child support?

My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.

Carlos N. Martinez answered on Feb 18, 2019

You would have to petition the court for full custody and request a hearing. New Mexico requires that a child support worksheet be filed with any parenting plan/custody order, however either party may deviate upwards or downwards with respect to what is owed under certain circumstances.

1 Answer | Asked in Child Support for New Mexico on

Q: Can the case worker get me for tanif on a pending child support order from a different state ?

Me and my daughters father have a 10 year old .. he has always help support her we have always lived together except for 3 years we separated during those 3 years I received tanif .. during that time he was still helping me with my daughter... we got back together I closed the tanif ... we... Read more »

Carlos N. Martinez answered on Feb 7, 2019

If this is a case in New Mexico, the child support enforcement division routinely seeks reimbursement of state funds. If they are claiming that you owe an amount that seems too high, request an audit to ensure their calculations match yours.

1 Answer | Asked in Criminal Law for New Mexico on

Q: I tried using one counterfeited $20 and possession of one thc cartridge. What does it look like for me???

I just need advice and now I'm 18 years old.

Carlos N. Martinez answered on Feb 7, 2019

First off, you need to stop posting any sort of incriminating statements on an online forum. Really is going to come down to intent and knowledge of the $20. As to the THC cartridge, depends. Do you have a medical card? Is it expired? If you were in Albuquerque or Santa Fe, possession of up to an... Read more »

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