You can also fire your attorney and represent yourself. You are entitled to a copy of your file. It also sounds like you have a valid explanation for why you missed the mediation date and you should see if you can reschedule with the Conciliation Court office, getting available dates from your ex-to-be.
Full Answer
In New Mexico, a judgment lien can be attached to real estate only (like a house, condominium, or similar property interest). How does a creditor go about getting a judgment lien in New Mexico?
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract.
One way that clients often find out that their attorney is not doing good work on their case is by seeing that the attorney has actually stopped working on their case. If this happens to you, your first step should be to try to get in touch with your lawyer and tell them your concerns.
However, this could be a sign of looming trouble. To figure out why your lawyer may not be returning your calls, try and deal with the situation by writing them a letter or email or even faxing their office explaining your issues with the current—or lack thereof–communication and asking for a phone call or a meeting to restore your relationship.
The court require a strong case to be established before it will set aside a judgment on the grounds of fraud. As a rule, a judgment can only be set aside, if at all, against those who procured it by fraud. See Tiv v. Wombo (1996) 9 NWLR (Pt.
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.
- Rule 12(c): Motion for Judgment on the Pleadings. This motion alleges that, if all facts in the pleadings are true, the case must be resolved in favor of a party as a matter of law. Granting this motion may terminate the case or be granted in part, such as with respect to a single issue.
You cannot go to jail for not paying your debts when there is a judgment against you. You can, however, be liquidated, sequestrated, an emoluments attachment order placed on your salary or your assets attached.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment. Credit providers tend to apply for a judgments when a consumer has fallen behind on their payments and has failed to respond to reminder letters. Or they have not stuck to a payment arrangement.
Setting Aside a Default Judgment Where a defendant has default judgment entered against them they have no right of appeal, but they may apply to have the judgment set aside pursuant to CPR 13.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.
- If a party does not respond to a motion within fifteen days as required by Paragraph D of this rule, the moving party may submit a proposed order to the judge or the judge sua sponte may enter an appropriate order.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.
You should immediately consult with another attorney. If this matter was in an Illinois state court, in most circumstances you have 30 days from the date the final order was entered to file a motion to vacate or reconsider, or to file a notice of appeal.However, your matter may have less time and you should not delay...
Dear Litigant: Do not waste any more time. Retain new counsel and they can help you unravel this problem. Good luck...
You Question has a lot of conclusions in it and not many factual details. You might not be out of the box yet. As Judy says, you need a consultation with the lawyer who you think failed you but I think you should get advice from new counsel first. You know enough about the case to conclude some facts. Take what you have to another lawyer.
You have not provided enough information for us to answer. The first thing you should do is insist on a meeting with your lawyer for a complete explanation of your case.
A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. So how do judgment liens work in New Mexico?
A judgment lien in New Mexico will remain attached to the debtor's property (even if the property changes hands) for 14 years. Keep in mind: In New Mexico, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is ...
In a civil court case, after a judge or jury hands down a verdict -- or after a court-approved settlement -- a judgment is entered by the court. As part of a typical judgment, the court orders the payment of money from one person to another. But the person who owes the money (the debtor) doesn't always pay up.
In New Mexico, a judgment lien can be attached to real estate only (like a house, condominium, or similar property interest).
judgment is the final determination of the rights of the parties in any lawsuit. An execution is the process of the court to carry out the judgment . Judgment in New Mexico includes a decree and any order from which an appeal may be taken.
Upon the expiration of the time for appeal, the judgment creditor may file in the district court of the county in which the magistrate issued the judgment a certified copy of the judgment.
Interest shall be allowed on judgments and decrees for the payment of money from entry and shall be calculated at the rate of eight and three-quarters percent per year, unless the judgment is rendered on a written instrument having a different rate of interest, in which case interest shall be computed at a rate no higher than specified in the instrument or the judgment is based on tortious conduct, bad faith, intentional or willful acts, in which case interest shall be computed at the rate of fifteen percent.
At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the district court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
stipulated judgment is not considered to be a judicial determination, but rather a contract between the parties. Owen v. Burn Constr. Co. 90 N.M. 297, 563 P.2d 91 (1977)
One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor’s property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.
If a judgment lien has been recorded in that county, the lender on the deal will not close on the deal unless and until the lien is extinguished.
The judgment creditor will need to identify where the defendant (now the judgment debtor) has property. Then the creditor should in the appropriate courthouse in that county a transcript of judgment, which creates a lien on any real estate owned by the judgment debtor in the county where the transcript is recorded.
When a plaintiff sues a defendant to recover monies owed by the defendant and eventually succeeds in winning the suit, an award of damages is incorporated in to the judgment of the court identifying the exact amount of the judgment and whether any court costs, attorney’s fees and interest may also be part of the judgment. (In the event interest is award, the court will state the rate at which it will accrue from a specified date.) But the mere rendering of the judgment in a New Mexico court does not, in and of itself, mean that the defendant will immediately take out his or her checkbook and pay the plaintiff the amount due under the judgment.
But the mere rendering of the judgment in a New Mexico court does not, in and of itself, mean that the defendant will immediately take out his or her checkbook and pay the plaintiff the amount due under the judgment. Instead the plaintiff – now a judgment creditor – may need to collect the judgment. (In some instances, the defendant may want ...
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...
The time limit for filing a legal malpractice case can be as short as one year.
However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.
If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.
When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.
State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”
Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.
Lawyers who don’t live up to their ethical obligations can face discipline from a state board. Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule ...
If, after many attempts to communicate with your attorney are met with silence, write your lawyer a firm letter asking why they are not responding to you. You should not threaten legal malpractice claims in your letter.
One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.
You should keep in mind that your nonbinding arbitration outcome could become binding if you do not challenge the result in court within 30 days.
If you receive a bill that looks like the one above, you should demand an itemized accounting of all the time that your attorney spent on your case. Where exactly did those 50 hours go? For example, if your attorney claims that he wrote a letter to opposing counsel for 4 hours, and the letter turned out to be 2 paragraphs long, you may want to seriously question your attorney's time management.
If your attorney is not cooperating, you can go to the courthouse to see copies of all documents that have been filed relating to your case. Lastly, you may have to sue your former attorney in order to get your case file back.
The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.
If everything has failed and you still cannot get your attorney to respond to you in a timely fashion, you may have to fire your lawyer and find a new one.