New Mexico Complaint to Adjudicate Title

State:
Multi-State
Control #:
US-01588
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit to adjudicate title. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your complaint.
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FAQ

Filing a Quiet Title Action in New Mexico Quiet title actions are filed in the district court for the county in which the real property in question is located. The party seeking to quiet title (plaintiff) files a complaint describing the premises and the extent and nature of the plaintiff's interest in it.

Section 37-1-22 - Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes.

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.

After the Defendant is served with the Complaint & Summons, the Defendant must file an Answer or some other pleading (such as a Motion to Dismiss) within 20 days. An Answer is a written reply to a Complaint. When sued, the Answer is Defendant's chance to explain Defendant's side of the case to the Court.

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.

You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called ?Request for Default?. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.

Complaints regarding the conduct of a New Mexico District or Magistrate Court Judge should be directed to the Chief Judge of that Court (unless they are the Chief Judge), or they may be directed to the NM Judicial Standards Commission.

Under federal rules, defendants generally have 21 days to file an answer after they are served with a complaint; the U.S. government has 60 or 90 days, depending on whether it has waived service.

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New Mexico Complaint to Adjudicate Title