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Eviction Defense Legal Steps
Summary
If you are facing eviction in New Mexico, ensure the eviction notice complies with state law. You can file a Motion to Stay with the court to request more time to vacate, especially if you have extensive belongings. Contact New Mexico Legal Aid for assistance. Gather supporting documents like a transcript of any recorded promises, receipts for investments, and photographs of the property. Submit these with your motion to strengthen your case. Consider consulting with an attorney for personalized legal advice.Full Conversation
carrie
Hi Carrie! How can I assist you with your legal issue today? Could you please provide some details about your situation?
i was asked in * to move onto family land and reside for free and use the property as i please but the mobile home needed rehabbing and the 60x80 shed needed cleaned. After doing that we moved in upon dad's and stepmothers request. i even had a conversation with stepmother that i recorded and she stated the property, the mobile home and the plumb shop was mine. we spent our free time for over a year along with our own money to refurbished the mobile home. my dad died in * and after that my step mother became mean and sneaky. she died in * and left her niece to become the personal representative and she sued us and won., Now i am being evicted from all three locations at the same time. There are years of things and alot of time will be needed to remove, pack and relocate items as some have been stored for over 30 years at one location. help
Hi Carrie,
I'm sorry to hear about your situation. Here are some general steps you might consider:
*. **Check Eviction Notice:** Ensure the eviction notice complies with New Mexico law.
*. **Request More Time:** File a request with the court for more time to vacate due to the extensive belongings.
*. **Legal Aid:** Contact New Mexico Legal Aid for assistance.
Have you been served with an official eviction notice?
I'm sorry to hear about your situation. Here are some general steps you might consider:
*. **Check Eviction Notice:** Ensure the eviction notice complies with New Mexico law.
*. **Request More Time:** File a request with the court for more time to vacate due to the extensive belongings.
*. **Legal Aid:** Contact New Mexico Legal Aid for assistance.
Have you been served with an official eviction notice?
the eviction notice was taped to the fence with the incorrect address and not signed by a judge. it gave the address of the house which is * and i amin the mobile home which the address is * #C and the 60x80 metal buildings address is * #A, with the house all * of these structures sit on * acres. I also reside with my fiance and a married couple that also have belongings and vehicles at both the mobile home and the metal building. the second eviction letter that was also taped to the fence was also taped to the plumbing shop windows located at * oregon. my business records and old inventory from when i operated my * businesses from there since * are there. the plaintiff, the niece of deceased stepmother, her attorney stated january *, * on the eviction paper, it wasnt presented or taped until january *, * at * pm which was martin luther king day and it stated to be moved out by january *, * by *;* pm. i have * businesses that i closed, the records and all the supplies and inventory and machinery used to operate my plumbing along with retired work vehicles and heavy equipment. my roommates have * vehicles, motorcycles, hot tub etc and more time is needed how do i request this? we just had court january *, * bench trial and the judge ruled in favor of the plaintiff to have the property that i grew up on.
Hi Carrie,
Here are some steps to consider for requesting more time to vacate:
*. **File a Motion to Stay:** Submit a "Motion to Stay" with the court to delay the eviction, citing the extensive belongings and need for more time.
*. **Contact Legal Aid:** Reach out to New Mexico Legal Aid for assistance in filing the motion.
Have you contacted New Mexico Legal Aid or an attorney for assistance yet?
Here are some steps to consider for requesting more time to vacate:
*. **File a Motion to Stay:** Submit a "Motion to Stay" with the court to delay the eviction, citing the extensive belongings and need for more time.
*. **Contact Legal Aid:** Reach out to New Mexico Legal Aid for assistance in filing the motion.
Have you contacted New Mexico Legal Aid or an attorney for assistance yet?
no i have not contacted anyone yet
Hi Carrie,
To help you better, could you please let me know which court issued the recent eviction ruling? This will guide me in providing specific steps to file a "Motion to Stay" and any other relevant information.
To help you better, could you please let me know which court issued the recent eviction ruling? This will guide me in providing specific steps to file a "Motion to Stay" and any other relevant information.
12th district court of otero county in new mexico judge daniel bryant.
Hi Carrie,
Here are steps to address your situation:
*. **File a Motion to Stay:** Submit a "Motion to Stay" with the 12th District Court of Otero County, citing the need for more time due to extensive belongings.
*. **Contact Legal Aid:** Reach out to New Mexico Legal Aid for assistance in filing the motion.
Phone: (*) *-*
Address: * New York Ave, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more information on how to file the motion?
Here are steps to address your situation:
*. **File a Motion to Stay:** Submit a "Motion to Stay" with the 12th District Court of Otero County, citing the need for more time due to extensive belongings.
*. **Contact Legal Aid:** Reach out to New Mexico Legal Aid for assistance in filing the motion.
12th District Court of Otero County
Phone: (*) *-*
Address: * New York Ave, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more information on how to file the motion?
yes please
Hi Carrie,
Here are the steps to file a "Motion to Stay" with the 12th District Court of Otero County:
*. **Obtain Forms:** Visit the court or its website to get the necessary forms for a "Motion to Stay."
*. **Fill Out Form:** Complete the form, explaining why you need more time to vacate.
*. **Submit:** File the form with the court clerk. Include any supporting documents.
Phone: (*) *-*
Address: * New York Ave, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more details on filling out the form?
Here are the steps to file a "Motion to Stay" with the 12th District Court of Otero County:
*. **Obtain Forms:** Visit the court or its website to get the necessary forms for a "Motion to Stay."
*. **Fill Out Form:** Complete the form, explaining why you need more time to vacate.
*. **Submit:** File the form with the court clerk. Include any supporting documents.
12th District Court of Otero County
Phone: (*) *-*
Address: * New York Ave, Alamogordo, NM *
Website: www.nmcourts.gov
Would you like more details on filling out the form?
yes, would i also include how the property was promised to me and that is why i moved out there in the beginning and invested over $*,* in supplies and my own labor to bring the mobile home to living standards?
Hi Carrie,
Yes, you should include that information. Here are some key points to mention in your "Motion to Stay":
- The promise of the property to you.
- Your investment of over $*,* in supplies and labor.
- The extensive belongings and time needed to relocate.
Would you like more information on gathering supporting documents?
Yes, you should include that information. Here are some key points to mention in your "Motion to Stay":
- The promise of the property to you.
- Your investment of over $*,* in supplies and labor.
- The extensive belongings and time needed to relocate.
Would you like more information on gathering supporting documents?
we moved out there in * and i have a recording of stepmother stating its mine and how my dad and her wanted me to have it. if i would of know this was going to happen i would of moved somewhere else, they approached me to move out there, i didnt approach them and i didnt want to put my fiance through all this, we are in our *'s . please more information on gathering the supporting documents
Hi Carrie,
To gather supporting documents for your "Motion to Stay," consider the following:
- **Recording:** Transcribe the conversation with your stepmother and submit the transcript and recording.
- **Receipts:** Gather receipts for the $*,* spent on supplies.
- **Photographs:** Take photos of the refurbished mobile home and extensive belongings.
- **Affidavit:** Write a detailed affidavit explaining your situation, including the promise of the property and your investments.
Would you like more details on any of these steps?
To gather supporting documents for your "Motion to Stay," consider the following:
- **Recording:** Transcribe the conversation with your stepmother and submit the transcript and recording.
- **Receipts:** Gather receipts for the $*,* spent on supplies.
- **Photographs:** Take photos of the refurbished mobile home and extensive belongings.
- **Affidavit:** Write a detailed affidavit explaining your situation, including the promise of the property and your investments.
Would you like more details on any of these steps?
yes
Hi Carrie,
Here are more details on gathering supporting documents:
- **Recording:** Transcribe the conversation with your stepmother. Ensure the transcript is clear and accurate. Submit both the transcript and the recording to the court.
- **Receipts:** Collect all receipts showing your purchase of supplies for refurbishing the mobile home. Ensure they are organized chronologically.
- **Photographs:** Take clear photos of the refurbished mobile home, the extensive belongings, and the condition of the property before and after the refurbishment.
- **Affidavit:** Write a detailed affidavit explaining your situation. Include:
- The promise made by your stepmother.
- The investments and labor you put into the property.
- The timeline of events from * to the present.
- The impact of the eviction on you and your fiance.
Would you like assistance with writing the affidavit or any other part of the process?
Here are more details on gathering supporting documents:
- **Recording:** Transcribe the conversation with your stepmother. Ensure the transcript is clear and accurate. Submit both the transcript and the recording to the court.
- **Receipts:** Collect all receipts showing your purchase of supplies for refurbishing the mobile home. Ensure they are organized chronologically.
- **Photographs:** Take clear photos of the refurbished mobile home, the extensive belongings, and the condition of the property before and after the refurbishment.
- **Affidavit:** Write a detailed affidavit explaining your situation. Include:
- The promise made by your stepmother.
- The investments and labor you put into the property.
- The timeline of events from * to the present.
- The impact of the eviction on you and your fiance.
Would you like assistance with writing the affidavit or any other part of the process?
yes all of this process please
Hi Carrie,
Here is a step-by-step guide to help you through the process:
*. **Transcribing the Recording**:
- Play the recorded conversation and write down every word accurately.
- Include timestamps to reference specific parts of the conversation.
- Ensure the transcript is clear and easy to read.
- Submit both the transcript and the recording to the court.
*. **Gathering Receipts**:
- Collect all receipts related to the $*,* spent on refurbishing the mobile home.
- Organize them chronologically.
- Create a summary list of all expenses to provide a clear overview.
*. **Taking Photographs**:
- Take clear photos of the refurbished mobile home, different areas of the property, and your extensive belongings.
- Use photos to show the condition before and after refurbishment.
- Label each photo with a brief description and the date it was taken.
*. **Writing an Affidavit**:
- Title: "Affidavit of Carrie [Your Last Name]".
- Include your personal details: full name, address, and contact information.
- **Introduction**: Briefly state the purpose of the affidavit.
- **Background**:
- Explain the promise made
Here is a step-by-step guide to help you through the process:
*. **Transcribing the Recording**:
- Play the recorded conversation and write down every word accurately.
- Include timestamps to reference specific parts of the conversation.
- Ensure the transcript is clear and easy to read.
- Submit both the transcript and the recording to the court.
*. **Gathering Receipts**:
- Collect all receipts related to the $*,* spent on refurbishing the mobile home.
- Organize them chronologically.
- Create a summary list of all expenses to provide a clear overview.
*. **Taking Photographs**:
- Take clear photos of the refurbished mobile home, different areas of the property, and your extensive belongings.
- Use photos to show the condition before and after refurbishment.
- Label each photo with a brief description and the date it was taken.
*. **Writing an Affidavit**:
- Title: "Affidavit of Carrie [Your Last Name]".
- Include your personal details: full name, address, and contact information.
- **Introduction**: Briefly state the purpose of the affidavit.
- **Background**:
- Explain the promise made
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