Legal Services

Types of Cases Handled

Auto Accident if being sued for $15,000 (no Suspended Driver’s license);

Consumer Problems depends on type of problem at the discretion of staff attorney;

Credit problems if they agree debt is owed and are willing to pay a reasonable amount on monthly basis (no representation if only defense is they cannot afford to pay);

EDS appeal to District Court only if client has good defense;

Guardianship of child when both parents are deceased, incarcerated for extended period of time or expect to be incarcerated for extended period of time;

Power of Attorney if for a specific need, not just for convenience;

Probate only small estate in range of $5,000 or less Affidavit of Successor in Interest type;

Real Estate Foreclosure, with reasonable payment plan; Clear title if a government rehabilitation loan has been applied for;

Referrals only small estate in range of $5,000 or less Affidavit of Successor in Interest type;

SSD appeal after denial of original application (no SSI cases);

Student Loan if unable to complete program due to no fault of their own;

Tenant Eviction if there is written notice to move (no assistance if already moved or have a judgment against them);

Will with letter from doctor only if terminally ill or having serious surgery.

We CANNOT help in:

• Civil Restraining Orders
• Bankruptcies
• Traffic Tickets
• Criminal Cases (or civil matters arising out of a criminal case)
• Discrimination
• DWI
• Appeals

Legal FACS provides free legal services for low income clients with civil problems. Clients must qualify for services under our Income Guidelines and established priorities. Clients are responsible for any court, service, discovery or other expenses. Legal FACS makes individual case referrals to Pro Bono (free) attorney.

Help Available:

Basic forms and written instruction packets provided to help clients represent themselves in divorce or child custody cases

Help in filing Response if served with a Petition in the Domestic Relations Division

Help in filing a Motion to change and Order already on file

Help in returning to the Court Clinic if changes in custody or visitation orders need to be made

Help in enforcing an Order or Decree in a Domestic Relations case

Information on how to present a case if served with papers for child support

Help in computing Guideline child support and completing a Child Support Worksheet

Assistance in completing Domestic Violence Restraining Order forms Volunteers can check over completed papers before filing and help with wording with specific parts of the form

RELATED SERVICES The State Bar and the Albuquerque Bar Associations both operate a lawyer referral service where litigants can be referred to lawyers who specialize in their area of need for a $25.00 or $30.00 administration fee, respectively. The fee also covers up to 30 minutes of consultation time with the lawyer. Appointments usually take two to three business days to arrange. Contact information for these programs is available under Other Agencies.

Court Services

DISTRICT COURTHOUSE LAWYER SERVICE (CLS)

The District Court CLS helps in Domestic Relations (DR) cases and Change of Name proceedings ONLY. In child custody disputes, volunteers will not assist after the Court Clinic Advisory Consultation level of involvement.

Do-It-Yourself Service. Volunteer attorneys talk with litigants and provide forms and instructional materials to help them handle their own cases. Litigants must qualify under our eligibility Guidelines and established priorities prior to seeing our volunteer lawyers.  Services are limited to people whose income is less than 200% of the poverty line. Proof of income is required. No appointment is needed; service is on a first come, first served basis. The CLS is funded by the Center for Civic Values, the New Mexico Civil Legal Services Commission, and United Way of Central NM. 

Help Available:

Forms and written instruction packets to help litigants represent themselves in divorce or child custody cases.

• Help filing a Response if served with a Petition.
• Help filing a Motion to change an Order already on file.
• Help returning to the Court Clinic if changes in custody or visitation is needed.
• Help enforcing an Order or Decree in a Domestic Relations case.
• Information on how to present a case if served with papers for child support.
• Help computing child support and completing a Child Support Worksheet.
• Assistance completing Domestic Violence Restraining Order forms.

METROPOLITAN COURTHOUSE LAWYER SERVICE

Help Available:  Basic forms and step by step written instruction to help clients represent themselves in small claims cases and tenant disputes.

• Information and forms to file answers if served with a Metro civil complaint.
• Information and forms to collect a judgment.
• Information on how to present your own civil metro court case.

400 Lomas NW, Albuquerque NM 87102
(on the 2nd floor, in the Pro Se area, room 277)

EFFECTIVE 1 JANUARY 2006 the new location is 400 Gold Ave SW, Suite 204.

TELEPHONE (505) 256-0417 for information.

DISTRICT COURTHOUSE LAWYER SERVICE
DAYS: Tuesdays & Thursday HOURS: 9:00-11:30am & 1:30-4:00pm

To Be Eligible, You Must:

1. Have an income less than 200% of poverty line.  Income adjustments based on cost of living are usually made in May of each year.

2. Have a small claim or landlord/tenant case in the New Mexico courts.

3. Be unable to pay to hire an attorney to assist you.

4. Be willing to do your case yourself.


Rules for Courthouse Lawyer Services

We will not second guess your own lawyer or tell you what to do. We will give you information and materials, but cannot make up your mind for you. We do not guarantee any result. We cannot assist you if you do not qualify under our financial guidelines. We cannot help you if you are probably eligible for fairly immediate representation through another existing program or agency. We do not take over your case. The attorney on duty will answer questions you have at that time but will not be available for questions you have later; however, you can return to the CLS and have your questions answered by the volunteer there at that time. Our volunteers will NOT go to court with you. We will not prepare your papers. We will give you materials and ideas but YOU must do your own papers. If you need help completing your forms, make an appointment for assistance through our Forms Clinic. Materials are available by personally meeting with one of the volunteer lawyers or through our office.

The Forms Clinic works collaboratively with Technical Vocational Institute (TVI) Legal Studies Department and the University of New Mexico Law School to use their students and our legal assistants to help litigants complete their legal forms. After a person has been through our Courthouse Service students/legal assistants help them fill out their forms at the Forms Clinic. Legal FACS staff attorney supervises the Forms Clinic.  Appointments must be made in advance by calling our office. Forms Clinic services are limited to domestic relations and domestic violence pleadings.

Forms Clinic

Metropolitan Court--9th Floor
401 Lomas Blvd NW
Albuquerque NM 87102
PHONE (505) 256-0417 for information

The Metro Courthouse Lawyer is located in the Mediation and Pro Se Office on the 2nd floor of the new Metropolitan Courthouse, Mediation Division

It is important at the outset that self-represented persons recognize that they are required to follow the same rules of procedure and evidence as a party represented by a lawyer. It is the responsibility of every litigant, including self-represented parties, to determine what needs to be done and to take the necessary action.

Click here for interactive forms.

Click here for interactive forms.