Next Steps:
*. File a Motion to Set Aside Judgment: Explain that you were not notified of the bond requirement or the hearing date.
*. Gather Evidence: Collect all correspondence showing lack of notification.
*. Submit to Court: File your motion and evidence with the court clerk.
Would you like more details on how to file the motion?
in this Case wouldn't the opposite party would have to prove that indeed they served me with a notice for the bond, or for the hearing, why would I have to prove something I was never aware of?
In New Mexico, the burden of proof generally lies with the party claiming that proper notice was given. However, it's beneficial to present evidence supporting your claim of not being notified.
Do you have any documentation or lack thereof that might help demonstrate you were not informed? This can bolster your position when filing a motion.
Are there any rules supporting you r claim
Sure, here are some general rules and points that could support your claim in New Mexico:
- New Mexico Rules of Civil Procedure: Requires proper service of notice to all parties involved in a case.
- Due Process Clause: The U.S. Constitution guarantees that no person shall be deprived of life, liberty, or property without due process of law, which includes proper notification of legal proceedings.
- Rule *-* NMRA: Specifies the methods and requirements for serving legal documents in New Mexico.
Would you like more information on how to gather evidence or details on filing a motion?
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