Legal Question in Family Law in New Mexico

Re: ? about collecting a debt in small claims court

One of the first things they teach us in Contracts class in law school is that an oral contract ain't worth the paper it's (not) written on. But, that doesn't mean you do not have a remedy. This is the kind of case you can prosecute yourself at small claims court (depending on where you live and the value of the good). You did not say that she has failed to pay you but I suppose I can guess that such is the reason why you seek advice from the Guru.

She does not get a choice to 'refuse' service. Service of process is an event - it is how you notify someone that they are being sued. I think that if you look at the rules of the small claims court (I'm not sure but I think) you'll see that you can mail the service to her. So, in that sense, she cannot refuse service - I hope that is clear. Service of process must be completed in the manner that the court rules describe. So, if they say she must be personally served then you'll need to have service performed in that way.

From the fact patter you described - you sold to her and she sold to others - you should be able to recover only from her as she is the person with whom you have the agreement. You described that your agreement was with her; not with the others. So, even though you knew she was selling to (taking orders for) others she is sort of in the same boat you are if she is owed money from others and they are not paying.

As to court costs and service fees that is something that you have to ask for in your complaint and then ask the judge. The court rules will likely give you some direction so when you file your law suit ask the clerk where you can get a copy of the court rules. (They may be available online at www.nmcourts.com).

Good luck.

Law Guru