Amending Lawsuit For Embezzlement

Summary

In New Mexico, you can amend your lawsuit to include claims for unjust enrichment and conversion. Unjust enrichment requires proof that the defendant received a benefit at your expense, while conversion involves wrongful possession of property. To amend, file a motion detailing new claims and evidence, and utilize discovery tools to gather further evidence. Consider consulting a lawyer specialized in financial disputes for guidance.

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I;m suing my ex-partner for $*,* seed money that she kept from my original capitalization of my Clinic in Albuqueruqe, NM, Lst year I found out that she had embezzled another $*,*, I have the bank statements where is obious she embezzled the money, I read somewhere that I can amend my original lawsuit and ask the court for the return of the profits she made witht my money, please give me any rules, and statutes in new mexico that I can use to go after the profits she made with my money
Hey Mauro! In New Mexico, you can amend your lawsuit to include claims for the profits your ex-partner made with your money under the principle of unjust enrichment and conversion. Key statutes:
- Unjust Enrichment: Requires proof that the defendant received a benefit at your expense and it would be unjust to allow them to keep it.
- Conversion: Wrongful possession or disposition of someone else's property as if it were one's own.
Have you already filed the original lawsuit, or are you planning to amend it soon?
I'm planing to amend it as soon as the appeals court brings the case back to the lower court so the rules of discovery can be enforced!
Mauro, it sounds like you have a strong case for amending your lawsuit to include claims for unjust enrichment and conversion. Here are some additional steps you might consider:
- Amendment Process: File a motion to amend your complaint, detailing the new claims and evidence.
- Discovery Rules: Utilize discovery tools such as depositions, interrogatories, and requests for production to gather evidence.
- Legal Representation: Consider consulting with a lawyer specialized in embezzlement and financial disputes.
Would you like more details on the amendment process or discovery rules?
Please give me the reules, and statutes for conversion, and Ubjust enrichment in New Mexico!
Mauro, here are the relevant statutes and rules for conversion and unjust enrichment in New Mexico:
- Conversion:
- Defined as the wrongful possession or use of someone else's property without permission.
- New Mexico Court of Appeals has recognized conversion as an intentional tort.
- Unjust Enrichment:
- Requires proof that the defendant received a benefit at your expense and it would be unjust to allow them to keep it.
- Recognized under New Mexico common law.
Would you like more detailed information on how to file a motion to amend your complaint?
Yes, please
Hey Mauro! Here’s how you can file a motion to amend your complaint:
- Drafting the Motion:
- Clearly state the amendments you wish to make.
- Include the new claims for unjust enrichment and conversion.
- Attach supporting evidence, such as the bank statements.
- Filing the Motion:
- Submit the motion to the court where your case is being heard.
- Serve a copy to your ex-partner (defendant).
- Court Hearing:
- The court will schedule a hearing to review your motion.
- Be prepared to present your evidence and arguments.
Do you need any more details on any of these steps?