Legal Question in Family Law in New Mexico

I filed a civil lawsuit against my ex girlfriend but then I was incarcerated and her lawyer filed a default in the case can I refile

Asked on 1/14/17, 4:45 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You don't say when the default judgment was entered or in what court. There's a rule of civil procedure in district court called Rule 1-060 (2-703 in Magistrate court) that allows you to file for relief from a judgment for various reasons including excusable neglect (incarceration might qualify). The default judgment rule (1-055 in district court, 2-702 in Magistrate court) also provides for the court to set aside a default judgment for good cause shown, in addition to the rule 1-060/2-703 remedies. In magistrate court the default set-aside has a 30 day time limit. Might be a good idea to get an attorney to help you out with these because it can be a little tricky. There are time limits all over the place you need to observe.

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Answered on 1/14/17, 10:35 am

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