Legal Question in Civil Litigation in New Mexico
Greetings,
Hi, my name is Angela. I have a question Im hoping someone can answer for me and help lead me in the right direction?
About two months my boyfriend and I had decided to part ways. Due to this I found myself suddenly trying to find a place to live as well as storing my belongings for a short time or at least until I figured out my living arrangements. At that time and with such short notice I called upon an acquaintance of mine at the time and asked his permission to allow me to store my brand new washer/dryer in his storage shed located on his property. He kindly agreed. He then rushed over to get my washer/dryer for me. As he and another gentleman loaded the washer/dryer I had gone into the house to look for ducktape to tape the doors closed to the washer/dryer. Upon doing such I then suddenly hear them drive off. I then went into the garage and they were already down the road with my washer/dryer. At that tine I assumed they were in safe keeping and Id be able to get them as soon as I figure out my living arrangements. Furthermore I have made several attempts too go pick them up and he has refused claiming they are now his. I paid close to $4,000.00 for the washer/dryer from Sears about a year ago so they were still very new and still under warranty. Is there a case here? If so could someone please suggest the documents I would need to enforce action on this man to allow me to repossess my washer / dryer?
Thanks,
Angela
1 Answer from Attorneys
The facts as you describe them will support a lawsuit to recover your property. You can do this in the Metropolitan Court at 3rd and Lomas. A clerk there will provide you with the simple forms you need to file. You will need to pay the filing fee and the costs of having the sheriff or a process server deliver them to the person you are suing. No lawyer is required. For evidence you need any/all documents which show your ownership such as receipts, credit card statements, Sears statements, etc., whatever you have. You also need some proof that he has the items, such as a statement from a neighbor, friend, the person who was with him - anything which shows your ownership and his unlawful possession. Your testimony will fill in the gaps when you have a hearing on your complaint, which doesn't take too long.
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