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joelaws8
joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience:  I can answer general criminal law questions regarding specific statutes and procedure.
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I was stabbed by a guy had to be taken to hospital incurred

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I was stabbed by a guy had to be taken to hospital incurred a $13,000.00 hospital bill. The stabber was convicted and ordered to pay restitution.He was only ordered to pay $50.00 for the first 18 mnths. he was on probation for that time . When he was off probation they raised the amnt. to $100 a mnth. The stabber has been paying since June 2009.In that same month he signed a promissory note . The month of July2013 we received no payment. How do I go about getting a judgement for the balance since he's defaulted?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  joelaws8 replied 1 year ago.
Good evening and thank you for the question.

How much does he still owe you?

He gave you a promissory note for the remaining balance?

I look forward to assisting you.
Customer: replied 1 year ago.

He sill owes $8600.00 The promissory note is from State of New Mexico Corrections Dept. Probation& Parole the note is till the Note is paid in full.It also has a default list which he has violated. & it calls for Attorneys fees should I have to hire an attorney to collect or protect my rights to collect if he fails to comply.

Customer: replied 1 year ago.
Relist: Other.
Need the answer sooner than later it said I could open the question to other lawyers so maybe someone could answer it sooner
Expert:  joelaws8 replied 1 year ago.
Sorry, had to step away from the computer for dinner. I know you are in a rush so I will make this quick!

In that case, the easiest way to get a judgement would be to file suit in a small claims court (at the Metropolitan Court if in Bernalillo County or Magistrate Court everywhere else).

They can hear cases for up to $10,000 in damages. In New Mexico, you are permitted to have an attorney represent you at the proceeding, but it is not necessary.

CLICK HERE for an excellent site that will provide you with all of the info you need in your case.

I hope that answers your question! If so, please positively rate my answer. Experts only receive compensation for answers when the customer rates the answer. Rating my answer will NOT preclude you from asking follow up questions in the future, should any arise. In fact, if you rate my answer, your follow up questions will be my highest priority! If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe

Customer: replied 1 year ago.

Thanks for your answer very helpful. I wasn't sure what venue would be appropriate. Can I ask 2 more questions? Would I be able to add an additional amount to the debt to bring the amt. to the maximum $10,000.00 for punitive damages for pain & suffering? He is married so will the judgment be his or is that community debt, if they were to get divorced?

Expert:  joelaws8 replied 1 year ago.
You are very welcome. I am glad to help.

Would I be able to add an additional amount to the debt to bring the amt. to the maximum $10,000.00 for punitive damages for pain & suffering?

Yes, you can request punitive damages as well. The judge may not allow it, because typically breach of contract cases do not allow for punitive damages. But under your circumstances, I would not be surprised at all to see the judge award them.

He is married so will the judgment be his or is that community debt, if they were to get divorced?

Unless the wife co-signed on the promissory note, only it will remain his separate debt.



I hope that answers your question! If so, please positively rate my answer. Experts only receive compensation for answers when the customer rates the answer. Rating my answer will NOT preclude you from asking follow up questions in the future, should any arise. In fact, if you rate my answer, your follow up questions will be my highest priority! If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe
Customer: replied 1 year ago.

We (my wife & I) have had a number of bad experiences with
the local magistrate judge would we be able to recuse him from the proceedings? How do you go about that? Is there some motion that you have to file?

Expert:  joelaws8 replied 1 year ago.
Typically when you want a judge to recuse himself, you just ask, and they say usually say, "no."

They must recuse themselves if they are bias. This is more than just not liking someone. Basically, they have to have some financial or personal stake in the case. For example, the defendant is the judge's brother.

Further, if the judge refuses to recuse himself, your recourse is to win on appeal. In small claims court, you automatically are entitled to a new trial at district court if you do not like the magistrates decision. Therefore, making the motion at small claims court is not necessary and would probably just hurt your chances of winning at that level.

If you feel that it is a waste of time to even try to win the case in front of this magistrate, then you should file suit in the district court instead.

I hope that answers your question! If so, please positively rate my answer. Experts only receive compensation for answers when the customer rates the answer. Rating my answer will NOT preclude you from asking follow up questions in the future, should any arise. In fact, if you rate my answer, your follow up questions will be my highest priority! If you would like any additional information or have more questions please don’t hesitate to ask!

If you feel the need to click either "Bad service" or "Poor service", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be very happy to continue further and do everything I can to provide you with the service you seek at no additional charge.

Thank you very much,
Joe
joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
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joelaws8
joelaws8
Criminal Lawyer
369 Satisfied Customers
I can answer general criminal law questions regarding specific statutes and procedure.