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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.
? 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.
Section 57-28-5 - Payments; prompt pay required; withholding prohibited. A. Except as provided in Subsection B of this section, all construction contracts shall provide that payment for amounts due shall be paid within twenty-one days after the owner receives an undisputed request for payment.
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.
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.
?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.
New Mexico provides mechanics lien protection to ?every person performing labor upon, providing or hauling equipment, tools or machinery for or furnishing materials to be used in the construction, alteration or repair of? a construction project. Protection in New Mexico is fairly broad.
In New Mexico, all mechanics lien holders have a period of 2 years from the lien's filing to start a foreclosure action to enforce the lien. If you fail to do so within this time period, then the lien will no longer be valid.