This form addresses important considerations that may effect the legal rights and obligations of the parties in a lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.
This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.
New Mexico General Liens Questionnaire
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FAQ
One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.
The State of New Mexico, including all counties, does not conduct tax deed, tax certificate and tax lien sales. The only property sales conducted by the State are public auctions due to two or more years of delinquent property taxes.
The purpose of the Lien Protection Efficiency Act is to provide for the efficient filing and recording of documents and the protection of public officials and employees and the citizens of the state against nonconsensual common law liens by imposing limitations on the circumstances in which nonconsensual common law ...
To properly attach the lien, the creditor files the judgment with the county clerk in any New Mexico county where the debtor owns property now or may own property in the future.
Lien. When any person neglects or refuses to pay taxes after assessment and demand for payment has been made, a lien automatically exists, and we may file a notice of the lien in favor of the state on all taxpayer property under Section 7-1-37 NMSA 1978.
A judgment obtained through a common law action on a prior judgment or through any other means of revival of a prior judgment shall not be enforceable after fourteen years from the date of the original judgment upon which it is founded.
NEW MEXICO A judgment is a lien on the real estate of the judgment debtor and expires after fourteen years. N.M. Stat. § 39-1-6.
After you file your lien and serve it on the owner, your lien is valid for 2 years in New Mexico. That means you have 2 years to enforce your lien claim unless it's extended.
In all cases when a notice of lien for taxes, penalties and interest has been filed under Section 7-1-38 NMSA 1978 and a period of ten years has passed from the date the lien was filed, as shown on the notice of lien, the taxes, penalties and interest for which the lien is claimed shall be conclusively presumed to have ...