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New Mexico Contracts Questions & Answers
1 Answer | Asked in Contracts, Car Accidents and Legal Malpractice for New Mexico on
Q: Can my attorney abandon my case 2 months before statute of limitations runs out?

I decapitated my car running into the back or a tractor trailer that the judge ruled made an illegal uturn In Abq. Nm. where I racked up over 50k in med bills, lost my car , lost over a 100k in lost wages all along while the pain and suffering has crippled my life .... My attorney lead me to... View More

Mark Caruso
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Mark Caruso
answered on Jan 15, 2025

The communications before the termination and immediately after the termination are really important in determining whether you have a legal malpractice claim in NM. An attorney has the duty to keep the client updated on matters related to the claim the lawyer is handling for the client. It would... View More

1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Insurance Defense for New Mexico on
Q: Who covers costs for rental trailer breakdown due to poor maintenance?

I rented a trailer in New Mexico that broke down due to poor maintenance—specifically, the lug bolts sheered off and the wheel detached from the trailer. The rental contract did not address breakdowns. I reported the issue immediately, and the rental company instructed me to tow it to a location... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re dealing with a difficult situation where the rental company is not honoring their initial promise to reimburse you for the costs incurred due to the breakdown. Since the rental contract didn’t address breakdowns, you should first review the contract carefully to see if... View More

1 Answer | Asked in Civil Litigation and Contracts for New Mexico on
Q: Can I ask for dismissal without prejudice before court actions?

I am preparing to file a failure of consideration case pro se. Before any court actions are taken, would it be possible to request the court to dismiss the case without prejudice so that I can refile it using a different legal approach if needed?

James L. Arrasmith
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answered on Apr 11, 2025

Yes, in New Mexico, you can request to dismiss your case without prejudice even before the court has taken any major action, as long as the defendant hasn’t filed a response or motion. A dismissal without prejudice means your case is officially closed but you still have the option to refile it... View More

1 Answer | Asked in Contracts and Consumer Law for New Mexico on
Q: Is it legal for a jewelry store to demand full payment under an oral agreement in New Mexico?

Is it legal in New Mexico for our jewelry store to demand full payment from a customer who has been consistently making payments under an oral agreement, especially considering she previously experienced financial hardship, which led to the acceptance of lower payments? My boss now wants to keep... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you're describing sounds deeply unfair, especially if the customer has been making consistent payments and acting in good faith under an oral agreement. In New Mexico, oral contracts can be legally binding, especially when both parties have clearly acted on the terms. If the store agreed... View More

1 Answer | Asked in Constitutional Law, Contracts, Copyright and Libel & Slander for New Mexico on
Q: Is my zine "Trader J***'s Exposed" copyright infringement despite redacting the name and using no logos?

I am publishing a zine series anonymously about my experience working at Trader Joe's, called "Trader J***'s Exposed," with the company's name redacted throughout. I use Canva for graphics, avoiding any copyrighted logos or text. However, my distributor listed it as... View More

James L. Arrasmith
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answered on Mar 12, 2025

Your zine may indeed be protected under fair use, particularly if it provides critique, commentary, or personal experience regarding Trader Joe's. Using the name in the title alone does not automatically constitute infringement, especially when it's clearly satirical, critical, or... View More

1 Answer | Asked in Consumer Law, Contracts and Constitutional Law for New Mexico on
Q: What are the seminal cases for consumer protection from unlicensed contractors in the state of New Mexico?
James L. Arrasmith
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answered on Jan 27, 2025

You might feel overwhelmed if you discover an unlicensed contractor has performed substandard work on your property. In New Mexico, the Construction Industries Licensing Act helps protect you from such risks. Various court decisions highlight the importance of licensing to safeguard consumers from... View More

1 Answer | Asked in Real Estate Law, Contracts and Small Claims for New Mexico on
Q: If a lease is never signed is there recourse for either party

We had a potential tenant in commercial lease, the lease was never signed and the tenant is demanding money back.

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2025

A New Mexico attorney could advise best, but your question remains open for two weeks. The basic rule in most settings is that an agreement/contract needs to be signed by the parties to be effective. But every situation can also be fact specific. Most attorneys would probably want to know more... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Probate for New Mexico on
Q: What is the process of adding an additional party to an upcoming trial? this is regarding a trust

I believe I need to motion for a JOINDER OF PARTIES this matter is regarding my fathers Trust where I am now Trustee but the previous Trustee has committed multiple breeches and has yet to be held accountable. How do I make sure he is included in this trial so that his actions are not lost?

Anthony M. Avery
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answered on Nov 21, 2024

You will need a NM attorney that handles trust litigation. The complaint/petition, whatever will need to be amended by adding a defendant and a cause of action for breach of fiduciary duty, etc. It will be alot of work and you will not be able to do this pro se as the successor trustee.

1 Answer | Asked in Bankruptcy, Contracts, Real Estate Law and Elder Law for New Mexico on
Q: Yes! I'm in need of Legal Representation, on getting my Name Removed from The Mortgage and Deed

She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More

James L. Arrasmith
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answered on Aug 15, 2024

You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for New Mexico on
Q: Dishwasher repair that did not get fixed, then was told it can't be fixed, part is discontinued. No diagnostic at start.

They did not do the diagnostic on the applience on first visit, contract say that's what the first visit is for. They fixed one part, dishwasher still leaked, they came a 2nd time, still leaked, 3rd time they said the bottom gasket is bad and is discontinued. Which should have been brought on... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A New Mexico attorney could advise best, but you await a response for two weeks. Although this is posted under Arbitration, Small Claims might be the cheapest way to handle the matter (unless there's a clause or provision in the paperwork that sets arbitration as the only forum for disputes).... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for New Mexico on
Q: Can I have a default judgement set aside?

A former friend and I drew up a contract for the sale of a lot that is part of my mother's estate. She failed to make any payments, then she sued me for breach of contract. She lied saying I misrepresented the lot as being developed and claimed she had to install all utilities, when it was a... View More

Anthony M. Avery
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answered on Nov 21, 2023

You are probably too late to file a Rule 60 Motion, but you can try. Hire a NM attorney to defend you against execution. You might have exempt properties which preclude execution.

1 Answer | Asked in Consumer Law and Contracts for New Mexico on
Q: Can I get reimbursed for items stolen out of my storage unit?

I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More

James L. Arrasmith
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answered on Nov 9, 2023

You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Mexico on
Q: can we be sued for a car that was repossessed 20 years ago?

we received a call for my wife today who was a cosigner on the original loan. this person said they work for an arbitration firm and said since my wife did not respond to the letter they sent within the 30 days they were proceeding with filing judgement paperwork. problem is we never received a... View More

T. Augustus Claus
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answered on Jul 14, 2023

there is a statute of limitations on debts, which sets a time limit for legal action to be taken. The statute of limitations for a car loan or breach of contract can vary depending on the jurisdiction and the specific circumstances of the case. However, it is highly unusual for a debt from 20 years... View More

Q: What type of attorney should I contact to sue workers compensation insurance for medicare's required medical set aside +
Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

A New Mexico attorney could advise best, but your question remains open for a week. You could reach out to workers' comp attorneys to try to set up a free initial consult. Good luck

1 Answer | Asked in Contracts for New Mexico on
Q: Hello, I took an online course and the company is located in NM, yet they don't pick up the official notice sent to them

I took an online course on dropshipping and the company omitted to let me know that in order to achieve any success, I'd have to invest. The course was utterly expensive and I don't have more funds to invest. If I knew what it was about, I would not have signed in the first place. The... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. If you want to bring the matter to court but don't know how to do that, as you describe, one option could be to reach out to attorneys to try to set up a short free consult to discuss the most cost-effective... View More

1 Answer | Asked in Contracts and Estate Planning for New Mexico on
Q: I would like to rewrite my Dads will get all the money he left my daughter 250,0000 Then me 240,000.

I get 10,000 a year. I can't do anything with that

Anthony M. Avery
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answered on Jun 12, 2023

Have your Father contact a competent NM attorney to draft a new Will. If you interfere too much, then your Family will contest the Will later. It is his decision, not yours. But you can request a change with a good lawyer. Will must be drafted and executed properly.

1 Answer | Asked in Contracts, Real Estate Law and Banking for New Mexico on
Q: If I have a judgement against me, how would the plaintiff find out where I bank to seize my money?

I do not wish to satisfy this judgement because the plaintiff was in the wrong, but she could hire an attorney, whereas I literally have no money. I am expecting a check from rental assistance that I want to protect from this judgement but I'm afraid that if I open an account at a different... View More

Anthony M. Avery
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answered on Mar 30, 2022

Judgment Creditor can ask you under oath where your property is. Become familiar with NM Exemption rights. Remember this is a public forum.

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of... View More

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