An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
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? Replevin is a possessory action, the main purpose of which is to restore plaintiff to immediate possession of the property and which secondarily permits recovery also of damages for the unjust caption or detention. Johnson v. Terry, 1944-NMSC-035, 48 N.M.
Public Access to Court Records As provided by the New Mexico Supreme Court Order and the Case Access Policy for Online Court Records, there are three ways to access New Mexico public court records: Case Lookup for the general public. Secured Odyssey Public Access (SOPA) for registered users.
A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty (30) days after the service upon him.
§ 37-1-4. Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. Laws 1880, ch.
? To redeem property, the redemption statute requires a debtor to pay only the amount paid at the foreclosure sale, with interest from the date of purchase at the rate of ten percent a year; all taxes, interest and penalties that were paid by the purchaser; and all payments made by the purchaser to satisfy in whole or ...
If the defendant does not respond within 20 days, file for a default. After default or final hearing, the judge will enter a final judgment. Then, the clerk will issue a Writ of Replevin. Take the Writ of Replevin to local law enforcement, who will assist you in getting your property back.
Anyone in New Mexico who has a claim for adverse possession can assert it by filing a quiet title suit in state court. If the claim is proven with clear and convincing evidence, the court can give title to the adverse possessor.
?Replevin? is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
