NMSA *-*-*:
- This statute pertains to "Fraud" under New Mexico law.
- It includes various types of fraudulent activity such as embezzlement, obtaining property by false pretenses, and other deceptive practices.
NMSA *-*-*:
- This statute deals with the general right of appeal.
- It allows for an appeal from a final judgment or order in district court.
- Appeals are generally taken to the New Mexico Court of Appeals or the Supreme Court, depending on the case.
Could you provide more context or details about your situation involving these statutes?
My ex-partner embezzeled more than $*,* from my medical clinic, I sued her originally for $*,* my seed money, and a missing check, later I found out she had embezzeled another $*,* which I have proff of it, I want ot amend my original lawsuit to include the newly found embezzelemnt, plus the profits she made with it!
Mauro, to amend your original lawsuit in Algiers:
- File a motion to amend your complaint, including the newly discovered embezzlement of $*,* and claims for profits made.
- Provide proof of the additional embezzlement.
- Ensure the amendment complies with local court rules.
Would you like more details on filing an amendment?
Im, sorry I file the original lawsuit in Albquerque New Mexico
It seems like you need to amend your lawsuit in Albuquerque, New Mexico. Here's what you can do:
- File a motion to amend your complaint in the same court where the original lawsuit was filed.
- Include details of the additional $*,* embezzlement and claims for profits.
- Attach relevant proof of the newly discovered embezzlement.
- Ensure compliance with local court rules and procedures.
Would you like more detailed guidance on how to file the motion to amend?
Yes Please!
To amend your lawsuit in Albuquerque, New Mexico, follow these steps:
*. Draft a Motion to Amend:
- State your reasons for the amendment.
- Include details of the additional $*,* embezzlement and claims for profits.
- Attach proofs.
*. Submit the Motion:
- File the motion in the court where the original lawsuit was filed.
*. Serve the Motion:
- Serve copies of the motion and supporting documents to your ex-partner.
Would you like more information on drafting the motion?
My lawsuit is presently in the appeals court waiting to be remanded to the lower court to enforce the discovery rules, should I wait to file?
Given your situation, it would be strategic to wait until your case is remanded to the lower court. Once remanded, you can then file your motion to amend the lawsuit with the new evidence. This ensures all your claims are updated and considered comprehensively.
Would you like more details on how to proceed once the case is remanded?
Yes please
Once your case is remanded to the lower court, follow these steps:
*. Prepare Your Motion to Amend:
- Clearly state the reasons for the amendment.
- Include details of the additional $*,* embezzlement and claims for profits.
- Attach all relevant proof.
*. File the Motion:
- Submit the motion to the lower court where your case is being heard.
*. Serve the Motion:
- Serve copies of the motion and supporting documents to your ex-partner.
Would you like more detailed guidance on drafting the motion?
yes
To draft your motion to amend, follow these steps:
*. Title and Introduction:
- Title: "Motion to Amend Complaint"
- Introduction: Briefly state the purpose of the motion.
*. Statement of Facts:
- Detail the original lawsuit.
- Describe the newly discovered $*,* embezzlement.
- Include claims for profits made by your ex-partner.
*. Legal Grounds:
- Cite relevant statutes and case law supporting your right to amend.
*. Conclusion:
- Request the court to allow the amendment.
- Attach proofs of additional embezzlement.
Would you like a sample template for this motion?
please describe the NM * *-*-*
Hi Mauro, NMSA * *-*-* refers to "Abandonment or Abuse of a Child" in New Mexico law. Here are the key points:
- It criminalizes the abandonment or abuse of a child.
- It includes causing or permitting a child to be placed in a situation that may endanger their life or health.
Would you like more information on how this statute applies to a specific situation?
give me the rules for eldery abuse in New Mexico please
Under New Mexico law, elderly abuse is governed by several statutes to protect seniors from harm. Key points include:
- Physical Abuse: Inflicting physical pain or injury.
- Emotional Abuse: Causing mental suffering or fear.
- Neglect: Failing to provide necessary care.
- Financial Exploitation: Illegal or improper use of an elder’s funds or property.
Would you like more specific details on any of these points?
Financial explotaton please
Financial exploitation of the elderly in New Mexico includes:
- Unauthorized Use of Funds: Using an elder’s money or property without permission.
- Fraud: Deceiving an elder to gain access to their assets.
- Coercion: Forcing an elder to sign financial documents.
Would you like steps on how to report financial exploitation?
I want to include the rules of finacial explotation in my lawsuit against my ex-partner who embezzeled more than $*,*, I would like to make an amendemt tro my original lawsuit to include the newly discovered $*,* embezzlement plus the eldery financial explotation crimes
To include financial exploitation rules in your amended lawsuit:
- Financial Exploitation: Define it as unauthorized use of funds, fraud, and coercion.
- Statutes: Cite New Mexico laws on financial exploitation of the elderly.
- Evidence: Attach proof of the $*,* embezzlement and any evidence showing exploitation.
Would you need more details on drafting the amendment?
Can you please state the rules and statutes of financial eldery abuse in New Mexico1
Sure! Here are the key rules and statutes of financial elder abuse in New Mexico:
- NMSA *, Section *-*-*: Embezzlement; unlawfully taking property or funds.
- NMSA *, Section *-*-*: Fraud; obtaining property through deceit.
- NMSA *, Section *-*-*: Adult Protective Services Act; addresses exploitation of elderly.
Would you like more information on any specific statute?
yes. on NM * SECTION *-*-*
NMSA *, Section *-*-* pertains to embezzlement in New Mexico. Key points include:
- Definition: Unlawful taking of property or funds entrusted to someone.
- Penalties: Depends on the value of the property taken, ranging from fines to imprisonment.
Would you like more details on penalties or how to proceed with including this in your lawsuit?
YES, I have proff that she embezzled more than $*,* I posess the bank statements
With your evidence, you have a strong case. Here’s how to proceed:
~NMSA *, Section *-*-* (Embezzlement)
- Definition: Unlawful taking of property or funds entrusted to someone.
- Penalties:
- More than $*,*: 2nd degree felony.
- Imprisonment: Up to 9 years, plus fines.
Would you like guidance on how to present this evidence in court?
Yes
To present your evidence in court, follow these steps:
*. Gather Documentation:
- Collect and organize all bank statements and proof of the $*,* embezzlement.
*. Prepare an Affidavit:
- Write a sworn statement detailing the embezzlement and attach the bank statements as evidence.
*. File the Evidence:
- Submit the affidavit and bank statements with your motion to amend the complaint.
*. Present in Court:
- Clearly explain the evidence during the hearing.
Would you like a template for the affidavit?
I will be fling an amendment to my original $*,* lawsuit for the other $*,* embezzeled money that I just discovered, how can I add the financial eldery abuse intgo my amendment?
To add financial elder abuse to your amended lawsuit:
- Define Financial Exploitation: Unauthorized use of funds, fraud, and coercion.
- Statutes: Cite relevant New Mexico laws, such as NMSA *, Section *-*-* and the Adult Protective Services Act (NMSA *, Section *-*-*).
- Evidence: Attach proof of embezzlement and any evidence showing exploitation.
Would you like more detailed guidance on drafting this amendment?
So, filing the financilal eldery abuse clause would be a more serious offrence before the court, than just filing an amndment for the $*,* stolen funds?...
Filing for financial elder abuse could indeed be a more serious offense because:
- Penalties: Higher penalties for financial exploitation and embezzlement.
- Legal Protection: Elderly abuse laws offer additional legal protections.
- Court’s Perspective: Courts may treat elder abuse cases more seriously due to the victim’s vulnerability.
Would you like a detailed comparison of the penalties for elder abuse vs. embezzlement?
At the time of the $*,* embezzelement I was very ill, I was recuperating from respiratory arrest, I couldn't walk * feet, and I couldn't breathe properly, additrionally my ex-partner was hired as aCPA, CFO, and bookepper of my company, therefore she neglkected her Fidiuciary duties as well.
To strengthen your case, you should highlight:
- Neglect of Fiduciary Duties: As a CPA, CFO, and bookkeeper, your ex-partner had fiduciary duties to act in your best interest.
- Vulnerability: Your illness and inability to manage due to respiratory arrest.
- Financial Elder Abuse: Given your condition, this can be classified under elder abuse laws.
Would you like more information on how to include these points in your amendment?
Yes, please!
To include these points in your amendment:
*. Neglect of Fiduciary Duties:
- State her roles (CPA, CFO, bookkeeper).
- Explain her duties to act in your best interest.
- Detail how she neglected these duties.
*. Vulnerability:
- Describe your illness and condition during the embezzlement.
- Highlight your inability to manage business affairs.
*. Financial Elder Abuse:
- Cite relevant statutes (NMSA *, Section *-*-* and Section *-*-*).
- Provide evidence of exploitation.
Would you like a template for this amendment?
Yes. please
To draft your amendment including these points, follow this template:
---
Motion to Amend Complaint
Introduction:
- Purpose of the motion: To include additional $*,* embezzlement and financial elder abuse.
Statement of Facts:
- Original lawsuit details.
- Newly discovered $*,* embezzlement.
- Roles of ex-partner (CPA, CFO, bookkeeper).
- Your illness and vulnerability during the embezzlement.
Neglect of Fiduciary Duties:
- Explain her duties as CPA, CFO, and bookkeeper.
- Detail how she neglected these duties.
Vulnerability:
- Describe your respiratory illness and condition.
- Highlight your inability to manage business affairs.
Financial Elder Abuse:
- Define financial exploitation (unauthorized use of funds, fraud, coercion).
- Cite relevant statutes: NMSA *, Section *-*-* (embezzlement) and Section *-*-* (Adult Protective Services Act).
- Provide evidence of exploitation (bank statements, proof of embezzlement).
Legal Grounds:
- Statutes and case law supporting your rightto amend.
Conclusion:
- Request the court to allow the amendment.
- Attach all proofs of additional embezzlement and evidence of financial elder abuse.
Would you like more details on any part of this template?
Please give me statutes regarding eldery abuse in NM
Hi Mauro, here are the key statutes regarding elder abuse in New Mexico:
- NMSA *, Section *-*-*: Adult Protective Services Act - Addresses exploitation and abuse of elderly individuals.
- NMSA *, Section *-*-*: Financial exploitation - Prohibits illegal or improper use of an elder’s funds, property, or assets.
- NMSA *, Section *-*-*: Abuse, neglect, or exploitation of a resident - Pertains to care facilities but also applicable to other scenarios.
Would you like more specific information on any of these statutes?
yes, the one tha t would be more powerful making my case!
For your case, NMSA *, Section *-*-* (Financial Exploitation) may be the most powerful statute. Here are the key points:
- Definition: Prohibits illegal or improper use of an elder’s funds, property, or assets.
- Penalties: Includes fines and imprisonment depending on the severity and amount involved.
Would you like more specific details on how to cite and use this statute in your lawsuit?
yes
To effectively use NMSA *, Section *-*-* (Financial Exploitation) in your lawsuit, follow these steps:
Statute Citation:
-
NMSA *, Section *-*-*: Financial exploitation prohibits illegal or improper use of an elder’s funds, property, or assets.
How to Include in Your Amendment:
*. Statement of Facts:
- Describe the roles and fiduciary duties of your ex-partner.
- Detail the $*,* embezzlement and your vulnerable condition during that time.
*. Legal Grounds:
- Cite NMSA *, Section *-*-*: Emphasize that your ex-partner's actions fall under financial exploitation of the elderly.
*. Penalties:
- Highlight potential fines and imprisonment as per the statute.
Would you like assistance drafting the exact wording to include in your amendment?
yes please!
Here's how you can draft the exact wording for your amendment:
---
Motion to Amend Complaint
Introduction:
- Purpose of the motion: To include additional $*,* embezzlement and financial elder abuse.
Statement of Facts:
- Original lawsuit details.
- Newly discovered $*,* embezzlement.
- Roles of ex-partner (CPA, CFO, bookkeeper).
- Your illness and vulnerability during the embezzlement.
Neglect of Fiduciary Duties:
- Explain her duties as CPA, CFO, and bookkeeper.
- Detail how she neglected these duties.
Vulnerability:
- Describe your respiratory illness and condition.
- Highlight your inability to manage business affairs.
Financial Elder Abuse:
- Define financial exploitation: unauthorized use of funds, fraud, coercion.
- Cite relevant statute: NMSA *, Section *-*-*.
- "Financial exploitation prohibits illegal or improper use of an elder’s funds, property, or assets."
- Provide evidence of exploitation (bank statements, proof of embezzlement).
Legal Grounds:
- Statutes and case law supporting your right to amend.
Conclusion:
- Requestthe court to allow the amendment.
- Attach all proofs of additional embezzlement and evidence of financial elder abuse.
Would you like to review a more detailed example or specific sections of your amendment?
Please revice, and expand on my motion!
Sure, Mauro! Here's a revised and expanded version of your motion:
---
Motion to Amend Complaint
Introduction:
- This motion seeks to amend the original complaint to include an additional $*,* embezzlement and claims of financial elder abuse.
Statement of Facts:
- The original lawsuit was filed for $*,*, covering initial embezzlement and a missing check.
- Newly discovered evidence shows an additional $*,* was embezzled by my ex-partner.
- My ex-partner, who was hired as CPA, CFO, and bookkeeper, neglected her fiduciary duties.
- During the period of embezzlement, I was recovering from respiratory arrest and was physically incapacitated.
Neglect of Fiduciary Duties:
- As CPA, CFO, and bookkeeper, my ex-partner had a fiduciary duty to act in my best interest and manage funds responsibly.
- She failed to protect my assets and engaged in fraudulent activities against these duties.
Vulnerability:
- At the time of the embezzlement, I was severely ill, unable to walk * feet or breathe properly.
- This physical condition left me vulnerable and unable to manage my businessaffairs effectively.
Financial Elder Abuse:
- Financial exploitation involves unauthorized use of funds, fraud, and coercion.
- Citing NMSA *, Section *-*-*:
- "Financial exploitation prohibits illegal or improper use of an elder’s funds, property, or assets."
- Evidence includes bank statements and documented proof of the $*,* embezzlement.
Legal Grounds:
- The amendment is supported by relevant statutes such as:
- NMSA *, Section *-*-*: Embezzlement
- NMSA *, Section *-*-*: Financial Exploitation
- NMSA *, Section *-*-*: Adult Protective Services Act
Conclusion:
- I respectfully request the court to allow this amendment to the original complaint.
- Attached are proofs of the additional embezzlement and evidence of financial elder abuse.
Would you like more specific details or assistance with any part of this expanded motion?
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