New Mexico Civil Litigation Questions & Legal Answers

5 legal questions have been posted about civil litigation by real users in New Mexico. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

How does the process of going to small claims court work?

Answered 5 years and 8 months ago by attorney Bruce Robins | 1 Answer

As a general matter, if you want to appeal to emotion in your argument, rather than straight facts and law you would want a jury. In small claims, however, the more important issue is time. If you want to wait around forever and probably have to come back again at least once, ask for a jury. In this pandemic age, I'm not even sure a jury trial would be available, and certianly it would be a logistical nightmare which would take time.... Read More

As a general matter, if you want to appeal to emotion in your argument, rather than straight facts and law you would want a jury. In small... Read More

I lost a case for $10,000 in metropolitan court can they take my house or just put a Leon on it. I own 67,000 and it's worth 75,000

Answered 8 years and 3 months ago by attorney Bruce Robins | 1 Answer

You need to check with a NM attorney about whether this house qualifies as exempt from collection efforts under NM law. Assuming it does not (different states have different homestead exemptions), the judgment would initially be a lien on your house (not sure of the procedure in NM; in NY, a judgment is automatically recorded as a lien on any real property the debtor owns in that county), but if you don't pay the judgment, the creditor could foreclose on that lien and force the sale of the house. With interest and fees, you would likely have nothing left. However, if you pay the judgment (perhaps by taking out another mortgage or home equity loan) that would be the end of it.... Read More

You need to check with a NM attorney about whether this house qualifies as exempt from collection efforts under NM law. Assuming it does not... Read More

I was recently incarcerated and I signed a poa to a friend so she could pay a lawyer she didn't do that and she stole $50000.00 from my bank account

Answered 10 years and 2 months ago by attorney Bruce Robins | 1 Answer

Yes, of course. Your friend has breached her fiduciary duty to you. She has also, based on what you've written, committed a crime. Unfortunately, the reality is that the money is probably long gone.

Yes, of course. Your friend has breached her fiduciary duty to you. She has also, based on what you've written, committed a crime. ... Read More

A civil suit from alabama to New Mexico

Answered 12 years and 3 months ago by attorney Bruce Robins | 1 Answer

If indeed you have not been properly served, and/or you have no contacts with Alabama, the Alabama court will not have jurisdiction over you, and any default judgment against you will be vacated when plaintiff tries to enforce it in New Mexico. Therefore, theoretically, you could ignore the suit. That is very risky, however. If the other side obtains a default judgment in Alabama, he will try to enforce it in New Mexico. If the New Mexico Court believes the other side when he claims to have served you, and finds that you have sufficient contacts with Alabama for it to exercise jurisdiction over you (the emails you sent to the other side in Alabama might be deemed sufficient, especially if they relate to the dispute involved in the lawsuit), the default judgment will be enforced, regardless of whether you have any defenses to the merits of the claim. I would advise you not to ignore the case, but rather to move to dismiss it based on a lack of jurisdiction. If you lose that motion, you can still defend the case on the merits.... Read More

If indeed you have not been properly served, and/or you have no contacts with Alabama, the Alabama court will not have jurisdiction over you,... Read More

I performed a service for a client, who refuses to pay, how do I collect from him?

Answered 12 years and 5 months ago by attorney Bruce Robins | 1 Answer

Sue him. If the Court awards you judgment against him, there are many different ways to collect, including garnishing wages, executing on bank accounts, foreclosing on assets, etc.

Sue him. If the Court awards you judgment against him, there are many different ways to collect, including garnishing wages, executing on bank... Read More

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