Albuquerque Post-Judgment Litigation Attorneys and Appeals Assistance in New Mexico
Collections and Appeals Assistance in New Mexico
Appellate practice requires intensive information gathering, research, and knowledge of appellate law and procedure. Work in the intermediate or higher appeals courts at the state and federal level requires the ability to write persuasively and handle oral arguments before appellate courts effectively. Atkinson, Baker & Rodriguez has been involved in numerous appeals over the last several decades, and we have the experience to navigate all post-trial and post-judgment issues.
Our Albuquerque post-judgment litigation lawyers are bold, outside-the-box thinkers who have been successfully representing individuals and businesses for over 25 years. At Atkinson, Baker & Rodriguez, P.C., we have earned the respect of the legal community and are prepared to take on cases of all complexities. We have a complete understanding of these areas of the law and can help you swiftly explore all of your post-litigation options. No matter the initial case outcome, we will provide the tenacious representation your situation demands and work diligently to achieve your objectives.
Schedule an initial consultation today by calling (505) 764-8111 or contacting us online.
Enforcing Court Orders in New Mexico
Many court orders will require one party to pay a set amount of compensation to another party. Others will require one party to complete certain actions or refrain from undertaking other actions.
A court order reached in litigation is legally binding. This means that all parties must honor all of the order’s terms.
In practice, some parties will refuse to respect a binding court order. Say your business was forced to sue a competitor for copyright infringement. The matter was tried in court and the jury ruled in your favor. The judge orders the competitor to cease all instances of copyright infringement and to pay compensation for damages and legal fees. However, while the competitor does eliminate the infringing material, their representatives start dodging your calls, and it becomes apparent that they do not intend to pay the ordered monetary award. What now?
In these types of situations, you will need to take steps to enforce a court order. Your immediate options may be limited if the losing party files an appeal or a bankruptcy petition. If no appeal is sought or the appeal fails to change the verdict, the court can use its contempt powers to compel an individual or business to comply with the terms of the order.
In instances of non-payment, there are additional tools available to aid in collection efforts. Keep in mind that you are considered a “creditor” under the law when attempting to collect what you are owed. This means you are subject to the Fair Debt Collection Practices Act (FDCPA) and cannot engage in any communication that could be perceived as hostile – even though you have already won a lawsuit against the debtor.
When you have a judgment against a debtor, you are in many cases able to garnish their wages. You may also be able to seize a debtor’s non-exempt assets, including real estate property and funds in bank accounts. If a debtor continues to refuse to honor the court order, this may be your only way to recover what you are owed. Our Albuquerque post-judgment litigation attorneys are extensively familiar with how to efficiently navigate collections procedures and are ready to guide you through each step of the process.
Appealing an Unfavorable Verdict in New Mexico
Receiving an unfavorable decision in a civil dispute can be extremely disheartening, but you may not immediately be subject to the terms of the court order. Depending on the facts and circumstances of your case, it may be in your best interest to file an appeal and seek to reverse the verdict.
You will need to decide quickly whether you wish to pursue an appeal. In most cases, you will only have 30 days from the trial’s conclusion to initiate appellate action.
An appeal is not a new trial and does not involve a new judge or jury. No new evidence or testimony will be presented. Instead, the appellate court will analyze the court’s decision and determine whether one or more legal errors compromised the fairness of the trial and/or the substance of the verdict. As the appellant, your legal representatives will draft and file a “brief” that identifies these mistakes and argues why they justify a reversal of the original decision. The appellee – the prevailing party in the initial litigation – will have a chance to respond and file their own brief.
Our team at Atkinson, Baker & Rodriguez, P.C. can assist you with appellate remedies even if we did not represent you in the preceding trial. Our Albuquerque post-litigation lawyers take a meticulous and creative approach to developing strategic and persuasive briefs, and we will work tirelessly to secure the favorable outcome you deserve.
If you are struggling to enforce a court order or need help filing an appeal, do not hesitate to contact us online or call (505) 764-8111.