New Mexico Business Law Questions & Answers

Q: A loan company online gave me the name of a bank rep at BBVA Compass and now wants me to pay a hefty referral fee.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for New Mexico on
Answered on Apr 2, 2018
David Humphreys' answer
it does sound like a scam. I understand you never agreed to such a referral fee up front. If this is a consumer loan i would contact the consumer protection unit of the state Attorney Generals Office in Santa Fe.

You have a claim for the tort of unreasonable debt collection if they continue to attempt to collect from you. I would write them a quick letter and send it either registered mail receipt requested or by fax to prove you sent it.

Dear Sir,

I dont owe you any...

Q: I applied at a restaurant a few weeks back. My partner works there too. The owner told my partner that he wasn't

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Answered on Mar 6, 2018
Trent A. Howell's answer
In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates others based on their "couple" status, there may be a question of whether the employer is applying this standard in a discriminatory way.

This is not legal advice to you, but a general idea of the law. Whether and...

Q: Can my employer make me pay for something as pretty as a broken liquor bottle?

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New Mexico on
Answered on Oct 15, 2017
Salim U. Shaikh's answer
Give more specific detail to make specific advice or comment.

Q: Copyright questions about a product we sell: In violation or not? Fight false DMCA requests.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New Mexico on
Answered on Oct 7, 2017
Benton R Patterson III's answer
An attorney would need to review the two products to determine determine if one product infringes the other. You may have a defense. Often items that have a useful function are not protected by copyright, and if they are, only a limited aspect of the design is covered. An attorney would have to review the products to make that determination.

Q: What is my liability and best practices as an licensed professional clinical counselor, minister and hands-on healer?

1 Answer | Asked in Legal Malpractice, Business Law and Personal Injury for New Mexico on
Answered on Aug 21, 2016
Peter Munsing's answer
Look at what boards govern what activities. Problem is when you collect money. Need to see how your state treats such things-with all the crystal therapy etc should be some statement you can use stating that none of it is medically prove, that if they continue to have symptoms they should follow up with a medical practitioner. See if you can get liability coverage.

Q: In NM, is it legal to allow independant contractors to wear the business logo of the company that hires them?

1 Answer | Asked in Business Law and Employment Law for New Mexico on
Answered on Aug 3, 2016
Trent A. Howell's answer
Someone is confusing the issue. The question is not whether it is "legal," but whether wearing a company logo may suggest an individual is an employee rather than an independent contractor of that company. There are different definitions and factors to determine "employee" status under different statutes. For example, the IRS has a 20-factor test, and courts consider several other factors under the FLSA (federal minimum wage law). Wearing a company logo, alone, is not enough to make someone...

Q: What is the statute regarding qualifications of auto appraisers in New Mexico? Do they need to be licensed?

1 Answer | Asked in Business Law and Car Accidents for New Mexico on
Answered on Jul 4, 2016
Peter Munsing's answer
Insurers don't like diminished value claims. If third party accepted liability, you should have an attorney to work on your injury case. If not, contact a member of the NMexico Trial Lawyers Association--they give free consultations.

Q: Can u have a llc in nm state and have a concrete company with out a contractors licence and pay my state n federal tax

1 Answer | Asked in Business Law for New Mexico on
Answered on Sep 21, 2015
Robert Jason De Groot's answer
Go see a licensing attorney for the specifically tailored legal advice that you need.

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