Motion To Dismiss Eviction

Summary

In New Mexico, you can file a Motion to Dismiss at any stage of the eviction process. Its possible to file a Motion for Continuance and a Motion to Dismiss simultaneously. If you fail to pay rent during the appeal, the court could issue a writ of restitution. After an appeal, a landlord is not required to issue a new 3-day notice to pay or quit. Consult a local attorney for specific guidance.

Full Conversation

Can I file a motion for continuance and a file a motion to dismiss the case at the same time during my appeal or before my appeal in the state of New Mexico
In New Mexico, it's possible to file a Motion for Continuance and a Motion to Dismiss simultaneously. However, the court's decision will depend on the circumstances. Consult a local attorney for specific guidance.
- Rule: Rule *-*(B) and Rule *-*.*, NMRA of New Mexico Rules of Civil Procedure.
In the state of New Mexico if I was unable to pay the rent during my appeals day of execution what is my consequence
In New Mexico, if you fail to pay rent during the appeal, the court could potentially issue a writ of restitution allowing the landlord to regain possession of the property.
- Rule: Section *-*-* NMSA * of New Mexico's Uniform Owner-Resident Relations Act.
Is it is it required that my landlord files a *-day notice of pay or quit after I have appealed my eviction case in the state of New Mexico
In New Mexico, after an appeal, a landlord is not required to issue a new *-day notice to pay or quit. The original eviction notice remains effective.
- Rule: Section *-*-* NMSA * of New Mexico's Uniform Owner-Resident Relations Act.