How do I file a claim in small claims court in New Mexico?

How to sue a person for threats

The answer to the complaint is the procedural act by which the defendant alleges all his exceptions and defenses with respect to a lawsuit. The answer to the complaint has the same importance for the defendant as the complaint has for the plaintiff. It may be written or oral, depending on the type of proceeding (written or oral).

The complaint together with the answer form the issue in controversy, the matter to be decided by the judge. What is expressed in them also constitutes a limitation for the court in the sense that it must only refer, in its decision, to the actions asserted in the complaint and the exceptions raised by the defendant. The judge may not extend to other aspects, unless the law grants him the power to act ex officio (see ultra petita).

The answer to the complaint is of fundamental importance because it definitively determines the facts on which the evidence must be produced and delimits the thema decidendum. For this reason, it is said that with the answer to the claim the procedural legal relationship is integrated.

What happens if the defendant does not answer the claim?

In case of not answering the complaint in due time and form, the defendant becomes entitled to all the situations and actions described in the complaint. In other words, he automatically accepts the charges against him. … At the time of answering the lawsuit, the defendant must accept or deny the facts attributed to him.

What is the Small Claims Department?

What is small claims court? Sometimes called “people’s court,” small claims court is for cases involving claims of less than $10,000. Cases can be decided quickly and inexpensively in small claims court, where hearings are informal and do not require an attorney.

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What happens when the defendant is declared in default?

The citation for judgment. … The default of the defendant also brings as a consequence, once this state has been declared and the process has been cured, the anticipated trial of the process takes place, that is to say, the issuance of the sentence without any other process than the oral report.

How to sue someone without knowing their address

To start a small claims court case, you must file an Affidavit of Claim and Small Claims Court Complaint. Use the Do-It-Yourself Small Claims Case tool to get these forms. This tool helps you prepare the forms you need to file. You can also go to the district court and tell the clerk that you want to file a small claims case to get the forms.

You can file your case either where the dispute occurred or where the defendant lives or works. This means that out-of-state persons or businesses can file a claim in Michigan. If, for example, you are a landscaping company suing a customer for an unpaid bill, you can file your case in the district where the dispute arose – in this case where you did the work – or in the district where the defendant lives or works.

If you cannot afford to pay the filing fee, you can ask the court to waive your fees. You can use the Do-It-Yourself: Fee Waiver tool to do this. Your case will not start until your request is approved or you pay the filing fees.

What happens if the defendant does not answer the maintenance claim?

When a lawsuit is not answered in a timely manner and within the term granted by law, a legal default is incurred where the defendant is generally declared confessed of all the facts and acts attributed to him in the same, and he is considered in conformity with its content, which means to be in compliance with the law, which means to be …

How can a person be sued?

It is your right as a direct or indirect victim to go to any prosecutor’s office and file a complaint. The authority is obliged to receive it and, in case it considers that it is not its responsibility to process it, it is its obligation to channel it to the corresponding agency and notify you.

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When can a claim for damages be made?

When can I sue an insurance company for damages? When the insurer has breached the insurance contract. When the insurer has remained silent and has not provided the insured with true, truthful, timely and understandable information regarding the general and specific conditions of the insurance contract.

How much it costs to sue someone

A complaint informs the court that the guardian or conservator, or the representative payee who is also a guardian or conservator, is not following the judge’s orders or is not otherwise acting in the best interest of the conservatee. You do not need a lawyer to file a complaint.

You can file a complaint using form 4-999.1, found at the bottom of this web page, or by writing a letter to the court with contact information and a detailed summary of what you believe is happening. It is important to be clear about the key details of the situation, and to include as much information as possible about the activity being reported, including:

After review of the claim, the judge may hold a hearing to discuss the reasons why you believe the guardian or conservator or representative payee (who is also a guardian or conservator) is not doing a good job in his or her role of caring for the conservatee. The judge may decide not to set a hearing if a similar complaint was filed within 6 months of the current complaint and the judge has already taken action.

How can I report a person who owes me money?

You may address a demand to the party who owes you a debt. In your demand, you should be as specific as possible about the debt you believe you are owed, and request that the debt be paid by a certain date.

What happens if I ignore a claim?

Most of the matters indicate that, in case of not answering the lawsuit, you will be considered as admitting the guilt of the facts claimed in said lawsuit, so whether your intention is to deny what is claimed or to reach a settlement, it is very important not to fail to answer the lawsuit against you in time.

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What to do if the defendant’s address is unknown?

In the lawsuit you must mention under oath that you do not know the current address, the judge will order an investigation by sending letters to various agencies (IMSS, CFE, INFONAVIT, TELMEX, etc.) in order to try to locate the address of this person, in case of not obtaining a positive result, the judge will order an investigation…

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