I live in Lubbock Tx. I need to file a "civil" suit against my ex for abuse, pain and suffering. He was arrested in Carlsbad, NM in Aug 2009 and got 3 years probabtion. He is still practicing medicine,he is an MD, I in NM. I need to know how to go about filing with the courts since I no longer live in NM. Thank YOu
Country relating to Question: United States
State (if USA): New Mexico
Been to Lubbock Tx court houses, no help, called NM courts, no help. Lawyers here, no help, not licensed in NM
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am very sorry for your situation. Can you please tell me what he's done so you wish to file the suit? And also as important - when - since statutes of limitations apply here.This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
It happened aug 09. He was charged with battery and interference with communication. I've had to have neck surgery and dr said may be in pain for life
This happened in Agu 09, when he was finally arrested, happened many timesbut he is an MD and noone would do anything, I've had neck surgery and will require surgery on my wrist. Dr note presented in criminal case said chronic pain. He plead no contest to battery of a household member and interference with communications and given 3 years probabtion
Thank you. I am typing out your answer now.
i need to know how to get the forms without going to NM and how to file. thanks you
Thank you. Because the Statute of Limitations for personal injury is two years in Texas, you are facing a deadline. It may behoove you to retain counsel - many attorney may take this on a contingency basis, i.e. they do not get paid unless you do.If you wish to do this pro se, then read on.The Process OverviewYou must file the petition with the District Clerk of your county of your place of residence. For example, if you lived in Galveston County, you would need to file with the Galveston County District Clerk's Office. Look up your county online - nearly all counties have filing information on their websites. You may also call the county's district clerk office to get further information. It is recommended to call ahead to make sure you are filing at the right address. You may either send the petition by mail, or walk into the office to file. It is strongly recommended to file in person, since you can then make sure the filing is correct. If filing by hand, bring three copies to the county district clerk's filing window. Again, check with the county district clerk's office to find out where the filing window is located. A clerk will take your copies, typically one or two of them, and stamp the third and give it back to you as proof of filing. You will also be asked to pay a filing fee - typically anywhere from $200 to $300, depending on your county. If you are sending it by postal mail, send three identical copies of the petition, a filing fee (call ahead to find out what it is), and a self-addressed and pre-stamped envelope with your address so the district clerk can send you a stamped copy back. Include a one sheet cover letter on top of the petition copies to explain that you are filing.Once you file, you then serve the other party - you get a citation from the district clerk that you then attach to a copy of the petition, and you either have a private process server (Google "process server + New Mexico" to get a list of them) or send it to that party CERTIFIED MAIL, with RETURN RECEIPT REQUESTED. Once you get the receipt back if you do it that way, you then send A COPY to the Court Clerk with a note that it's service, and save the original for yourself for proof in case it comes up later.Once the Court sees that you've served, it'll take a few weeks and will then issue a SCHEDULE ORDER which will be sent out via email to all parties which will explain when your discovery starts, ends, when you pre-trial date is, and when the final hearing on merits is.During discovery, you send to them (if you wish) Request for Disclosure, Request for Admissions, and Request for Interrogatories that would help to get you evidence that can be used against him in the suit.At pre-trial, the parties touch base and the Court hears any motions that the parties might want to have heard before the Court.Then, you will eventually have a trial date. I warn you - trial is hard, and navigating a court room without precious experience in Litigation and without a thorough knowledge in procedure and evidence is hard to do, especially if he retains counsel. This is why again, I recommend one.The PetitionThe petition is what you file to begin the matter. One has to have at least one "cause of action" to file a petition; you can file multiple causes of action in one petition. You have to prove a cause of action by proving its elements by a preponderance of the evidence. Here, individuals in your situation may wish to file for: (1) civil assault & battery; and (2) intentional infliction of emotional distress.A person commits an assault if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another; (2) intentionally or knowingly threatens another with imminent bodily injury; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.Hall v. Sonic Drive-In of Angleton, Inc., 177 S.W.3d 636, 649-50 (Tex.App.-Houston [1st Dist.] 2005, pet. denied). (citing Tex. Pen.Code Ann. § 22.01(a)). The elements of a cause of action for intentional infliction of emotional distress are:(1) the defendant acted intentionally or recklessly,(2) the conduct was extreme and outrageous,(3) the acts of the defendant caused the plaintiff to suffer emotional distress; and(4) the emotional distress suffered by the plaintiff was severe. Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993)..Drafting the petition is very hard. You can look for samples online, or have an attorney do it for you at a discount (but not represent you). Many companies like usalegalresource.com can draft a petition for you for low cost.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
????? i live in Lubbock, tx this happend in Carlsbad NM it iwll be three years in August. Tx won't let me file and I was told to file in NM and had three years
Hello,Who told you that you could not file in Texas? This is not true. How long have you lived in Texas?
i moved here two years in august. the court house told me I could not but was told statue in NM is three years i've tried many lawyers and been told they don't have anm liscence
Okay, I think you may have been given bad advice. Let's get to the bottom of this (don't worry, I'm not going anywhere).Who at Court told you this? The clerk when you attempted to file, or the Judge after you already filed but had your matter dismissed?And what we are talking about here is jurisdiction, and I will explain how that works once I have all the facts.
I was told to go to a certain court clerk that dealt with my address here in tx, it was she that told me i had to file in NM. I can go back there tomorrow, do I use the 3 years for NM or 2 years for Tx? it will be 3 years in August. I'm having a hard time finding a lawyer to help in Tx
You can file in Texas or New Mexico. However, he can challenge that the venue is more convenient in New Mexico because the matter occurred there - if he is smart enough to do so.
So it is up to you. In NM, the statute of limitations for such an act is indeed three years, so it give you an extra year so so you do not have to scramble and file suit (as in Texas). On the downside, filing in NM will have you travel to NM constantly in order to pursue the matter. Whether or not this is worth your emotional and financial investment, it is up to you.
To find an attorney in NM, I can recommend three resources. First, here is a list of all pro bono work in the state...
...and another list:
IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
???? it happend inAugust 2009 isnt' too late to file in Texas?????
just got a message that other lawyers are looking at my question, only need that answer from you
it said others are reviewing myquestions? I don't need that just need you to answer this thank you
My sincere apologies, but yes, it is. We were dealing with specifically filing in Texas and I got so wrapped up in how to file, I did not touch base on the statute of limitatations. In Texas, it is two years, but in NM, it is three. Ergo, you would have to file in NM, correct.
The filing in NM is very much like like in Texas, except you'd file with the NM's county clerk instead. An attorney is highly recommended, and perhaps you can find one using the links above.
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