Legal Question in Civil Litigation in New Mexico

Being sued without proof

A civil complaint has been filed against me for a stolen car, that has not been proven my 15 year old son had anything to do with. The car has been found but nothing connects this crime to my son other than the car owner's daughter's word. Is this legal? The car owner is suing for replacement to the tune of $5000. How can she sue us without proof my son had anything to do with this?


Asked on 7/31/04, 12:26 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Being sued without proof

There is proof. The daughter's word. Whether or not that is sufficient, or whether or not there is additional evidence, is another story. Bottom line, if you have been sued you are required to file an Answer within 30 days of service upon you or a default Judgment will be entered. You may wish to consult legal counsel concerning your rights and responsibilities under NM law.

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Answered on 7/31/04, 1:10 pm


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