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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I won my arbitratin award vs Farrell and Seldin (debt collectors

Resolved Question:

I won my arbitratin award vs Farrell and Seldin (debt collectors for Chase) and now the "plantif" sent a notice of appeal. I live in New Mexico. What can I expect to do next?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Next what will happen is that the appellate division will ask you to submit a response and brief for the appeal. The Court will then decide if the appeal has merit, and if so, will overturn the previous court's ruling. However, most appeals fail.

You can enforce judgment in the meantime, unless they file for and get an order from a Motion to Stay, which will suspend the judgment until/if the appeal is approved.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

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Customer: replied 3 years ago.

That is helpful information. I am just wondering why want to appeal in the first place.

And how would I go about enforcing the judgement?

Thank you

Expert:  Ely replied 3 years ago.
Hello,

An appeal is an attempt to void the judgment; if a party loses, it is a way to try to cancel the money owed. So if they lost, they're trying to appeal and overturn the decision by the other court.

In NM, you have a variety to means to enforce judgment, including bank levy, paycheck garnishment up to 25%, and a lien on any property owned by the party. You can see more here:

http://www.recoverlegaljudgment.com/new-mexico.html

Any of these three steps would involve a post-judgment motion.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

If you feel that I went an extra step to help, a bonus is always appreciated!

You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 3 years ago.

I went on the website and I'm not sure what form to use to enforce a judgement. It doesn't seem to apply to me so I am confused.

Expert:  Ely replied 3 years ago.
Friend,

I just received your follow up but I cannot answer until this late evening - but I will, and will clarify. My apologies.
Expert:  Ely replied 3 years ago.
The site I provided for you explained enforcing the Judgment, per your request.

As per an appeal, here is the STEP BY STEP of what to expect and what to do, and the forms needed - it is very self-explanatory:

Microsoft Word version
http://coa.nmcourts.gov/documents/civil%20appeals.doc

PDF version
http://coa.nmcourts.gov/documents/civil%20appeals.pdf

Also, see here...
http://coa.nmcourts.gov/documents/civil.htm

...and click under "Court Info" for a lot of useful information.

Edited by Eli on 2/8/2011 at 5:50 AM EST
Ely, Counselor at Law
Satisfied Customers: 87082
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Consumer Protection Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for all of your help.

I will start filling out the paperwork now.

Expert:  Ely replied 3 years ago.
Excellent! I wish you well!

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