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Jim Stewart · 05-02-2009, 08:21 PM

I would just have the SOBs legs broken, but then again, that's the type of Guy I am! In New Mexico, it's not that hard to find someone to do it for you!

GraciesMom · 05-04-2009, 08:43 AM

Speaking of lawyers. A lawyer can't do anything. A lawyer wouldn't even look at the case for less than a $5k retainer. $150 an hour for research ( I can do the research myself, thank you. )

The judge has already made his ruling that my rig is a vehicle and not exempt under New Mexico "law". So the next step is an appeal. And HA!!!! - I have to laugh at New Mexico "laws". They are so in the stone age, they don't even have laws against "cyber stalking" or any other 21st century problem. Their code for establishing a "dwelling house" for the purposes of homestead exemptions was written in 1915 and hasn't been updated in any manner since 1978. So they're living in a cave.

And I can't do anything to the rig - it's in impound. That's another legal issue that needs to be challenged - one month (almost) in impound and the fees are already nearing a thousand bucks. That is INSANE. By the time I win, if I win, I'll be paying as much to get it out of impound as I would to buy a new one . . . .!!!!!

It's a matter of principle - I'll fight this thing to the supreme court if I have to. There has to be legal precedence on the books so that this won't happen again. I may have to be that legal precedence.

A motorhome, owned by someone that owns no other property, and lives in it full time MUST BE RESPECTED AS A HOMESTEAD!!!

Rick Long · 05-04-2009, 09:15 AM

Quote:

Originally Posted by GraciesMom

I wanted to make all of you aware that if you are a full time RV'er and live in your RV, own no other property and consider your RV your "home", most states don't agree with you and if you have any legal problems - a bad wreck, accidentally hurt someone, or whatever and get a judgment against you, you will lose your RV if you can't afford to pay the judgment. No matter how unfair the judgment might be - the law is pretty rock solid on this point. The homestead exemption does not include RV's in most of the states. Most states consider an RV to be a "vehicle" and will allow only a couple thousand dollar's exemption for it. So be careful out there . . . check the laws for whatever state you're in.

We need a Federal Law to protect our rights!

eddiepotts · 05-05-2009, 03:47 PM

The sad part of this is with all the lawyers in the world nobody will step up for you. I am a pump mechanic for shell oil and if all it took for you to retain your home was to fix your pump; I would spend all my free time helping you. But I don't guess my 4 years of school and 20 years of on the job training is not as great as a paper pushing, civil rights given up, no caring because I am a school smart lawyer. Sorry I cannot help. If you get down to Houston you can stay in my rig until you find something. The world and the laws of it sometimes pisses me off.

Ray,IN · 05-05-2009, 08:48 PM

IRS says my RV is my second home for tax purposes, but that's likely immaterial. Since NM is the source of this procedure, I'd make sure I never let the sun set on me there again. Sounds like this con man and his attorney are in this together.
Perhaps everyone should email the NM tourism Dept, saying they are canceling plans to vacation there because of this. Probably won't help, but sure would clog their mailbox.

hamguy · 05-06-2009, 06:38 AM

Quote:

Originally Posted by eddiepotts

The sad part of this is with all the lawyers in the world nobody will step up for you. I am a pump mechanic for shell oil and if all it took for you to retain your home was to fix your pump; I would spend all my free time helping you. But I don't guess my 4 years of school and 20 years of on the job training is not as great as a paper pushing, civil rights given up, no caring because I am a school smart lawyer. Sorry I cannot help. If you get down to Houston you can stay in my rig until you find something. The world and the laws of it sometimes pisses me off.

I am missing a lot of facts here.

1) What was the underlying beef?
2) In what court was it adjucated?
3) How much was the judgement?
4) How much liability insurance do you have?

Something doesn't seem right to me!

eddiepotts · 05-06-2009, 07:43 AM

I think Ray has the right idea. It works better than sitting here. We had a problem in texas called operation crackdown and people whent to the tourism promoters and politicians and had the laws changed. We need to do something even if we don't ever plan on going to NM it could spread to other states.

DALLAS - The Texas Alcoholic Beverage Commission has temporarily suspended a program used to haul suspected drunks from bars to jail cells after an outcry from politicians, business owners and patrons.

The commission said its crackdown on public intoxication, known as "Operation Last Call," had been halted - at least until after a public meeting tomorrow with state legislators in Austin.

"We understand that everything has room for improvement, this included," TABC spokeswoman Carolyn Beck said.

The complaints began last month when the TABC began entering restaurants and bars and arresting customers whom agents deemed to be intoxicated. The commission said its goal was to cut down on the burgeoning death rate from drunken drivers.

Several politicians said they received complaints, not only from those who had been arrested, but from bar owners and tourism promoters who claimed the "raids" had begun to hurt their businesses.

The largest "Operation Last Call" raid was in suburban Irving in late March, when about 30 people were arrested in 36 bars.

Mrs. Beck said...

eddiepotts · 05-06-2009, 08:03 AM

Here is a link to the New Mexico turist dept. You can contact them with the complaints here. http://www.newmexico.org/department/

State parks contacts http://www.emnrd.state.nm.us/PRD/Contactus.htm

We need to send complaints to these people. http://www.affinitygroup.com/history/

When you pull up rallies in NM all the articals say they had 3000 rigs show up in April. They would be upset if nobody was coming next year because of some slimeball. I think you need to write your story and send these links out in an email to all your contacts and ask they send it out to theirs. You dont have to own a Motorhome to complain. It may get your word out faster than you think.

GraciesMom · 05-06-2009, 08:58 PM

Wow - Thanks Eddie!!

Hamguy, I sent you a PM. I don't want to get sued again so I'm not discussing the details of the situation on this site, but I answered your questions in the PM.

I have a legislator and a senator working on the situation - basically it will take a pardon from Governor to get my rig back. The law is the law . . . as brutal as it may be. The VA is getting involved too . . . and a TV station in ABQ called me about possibly doing a story on it.

I'm not holding out any hope. The laws are bad - just plain bad - and the judges go by the "plain meaning rule" of law - where they don't care what the outcome is, they just do whatever they feel like doing. The law is so vague in New Mexico regarding a "homestead" . . . if you read the definitions, anything can be a homestead. But because it's registered with the DMV, they say it's a vehicle. They need to pull their heads out of their rear ends in my opinion. They don't even have cyber stalking laws in New Mexico . . . and I think I've posted the fact that the homestead law is from 1915 . . . . only the amounts have been updated.

Writing the department of tourism is an excellent idea . . . writing the governor's office would be great too. It's going to take a lot of greasing to fix this squeaky wheel. When I get settled down, I'm going to research which states don't have homestead exemptions for RV and post them here along with email addresses so everyone that wants to get involved can email them and encourage them to GET WITH IT!!

Thanks guys . . . .

eddiepotts · 05-07-2009, 06:17 AM

Graciesmom, Make it easy. Write an email to send give a subject and complaint so we can cut and paste. The people that receive it will see the subject fill their inbox and know exactly what it is before even opening it. You may get more people to send the emails if they are not having to think of what to say.

GraciesMom · 05-07-2009, 08:41 AM

Okay . . . let's see:

Dear (Dept. of Tourism, Governor Richardson)

I am an RV'er and I am writing to let you know that I will no longer consider New Mexico as a preferred destination. I have heard about New Mexico's homestead exemption law and the fact that New Mexico does not honor my motorhome as my home. Therefore, I will not be driving my home to New Mexico unless I have no other choice than to drive through in order to get to another destination.

New Mexico needs to look at other states laws, the IRS and the insurance industry that honor RV'ers motorhomes, 5th wheels, etc. as their HOME if they own no other property and change their outdated laws. How anyone could consider a motorhome that costs as much as a stick and brick home a VEHICLE is incomprehensible.

I intend to pass this on to every other person I know that RV's as well.

How's that??

And thanks for the suggestion.

eddiepotts · 05-07-2009, 09:45 AM

OK I sent emails to all. even to Governor Richardson. His link is http://www.governor.state.nm.us/emailchoice.php?mm=6

You probably know some people over this forum that can help. If you could get them to send an email from IRV2.com to explain it has become a hot topic and has almost has 1200 people reading your problem and 30,000 potential

GraciesMom · 05-11-2009, 06:29 PM

I got my car back. Even though it was exempt from the beginning, the judge didn't waive the impound charges - he said those would be paid with the proceeds from the auction of my RV. So they can take legally exempt property, impound it to the tune of $500+ in impound charges, and I still have to pay the impound charges even when they release the property. And this is America?

I'm talking with the ACLU about the lack of due process involved with this entire situation, as well as the outright judicial abuse in taking my car so that I would have had no way to get to town to see attorneys, do research, etc., without help from my friends. The Sheriff told the judge on the phone while standing in my RV that the RV would cover the judgment and that they didn't need to take the car, but the judge told him to take the car anyway. And there's the whole issue of foreign judgments and taking property registered in another state without going through the home state to start with. This truly stinks to high heaven.

There is no way to get my RV back unless the governor himself "pardons" my RV. The laws in New Mexico are vague and open to interpretation and they've been interpreting the law this way for ages, I guess. So - I am just going to get on with my life, enjoy my trip and enjoy being with John and if we remain a couple, that's great. If not, I'll go RV shopping. I'm not going to let this ruin another day of my life. But I am going to see that justice is done as far as how this whole thing was handled.

The really sad thing about this is that I truly love Santa Fe and was thinking about making it my home when I come off the road. Now that feeling is ruined - just the mention of New Mexico makes my stomach turn.

And last - I will have a million dollar umbrella policy on my next rig - you can be sure of that.

Texas Bubba · 05-13-2009, 04:53 AM

I guess I'm missing something here. Are you saying that if you had more insurance on your rig they could not have taken it? Normally that only happens if you lose a suit concerning the rv and the liability insurance is not enough to cover it? What would a large umbrella do to help this situation? If more insurance would help, then I would think your current insurance company would be handling this for you. Good luck!!