reglab/housing_qa huggingface dataset:
NM Stat § 35-9-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-2 - Attachment; execution.

A. The attachment shall order the sheriff or a full-time, salaried deputy sheriff to attach personal property of the defendant within the magistrate district having a value sufficient to satisfy the amount claimed in the complaint in the action, safely to keep the property to satisfy any judgment that might be recovered in the action and to make return of the attachment to the magistrate at the time specified therein not less than five days nor more than fifteen days from the date of issuance. B. The sheriff or deputy shall comply with the order and: (1) immediately make an inventory of the property seized; and (2) serve on the defendant personally, or, if the defendant cannot be found, leave at the defendant's residence, or if the defendant has no residence, leave with the person in whose possession the property is found, the civil complaint and summons and form for answer to civil complaint, along with a copy of the attachment and his inventory. C. No property attached by the sheriff or deputy shall be removed by him if the person in possession of, or claiming, the property gives him a bond to the plaintiff in double the sum claimed in the complaint in the action, or in double the value of the property attached, whichever is less, conditioned that such property will be produced to satisfy any execution that might be issued upon any judgment which might be obtained by the plaintiff in the action. History: 1953 Comp., § 36-11-2, enacted by Laws 1968, ch. 62, § 115. ANNOTATIONSCross references. — For applicability of personal property exemptions under 42-10-1 to 42-10-7 NMSA 1978, see 35-4-2 NMSA 1978. For exemption of retirement funds and benefits for public officers and employees, see 10-11-135 NMSA 1978. For exemption of welfare benefits, see 27-2-21 NMSA 1978. For exemption of interest and benefits of state police pension fund, see 29-4-10 NMSA 1978. For executions not to go against lands, see 39-4-2 NMSA 1978. For exemption of unemployment compensation benefits, see 51-1-37 NMSA 1978. For exemption of workers' compensation benefits, see 52-1-52 NMSA 1978. For exemption of occupational disease benefits, see 52-3-37 NMSA 1978. For exemption of minimum membership holdings in cooperative associations, see 53-4-28 NMSA 1978. For exemption of assets of insurance companies undergoing delinquency proceedings, see 59A-41-23 NMSA 1978. For exemption of fraternal benefit societies payments, see 59A-44-18 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 288 to 329. Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331. 7 C.J.S. Attachment § 170 et seq. 51 C.J.S. Justices of the Peace § 77 (6), (7).
NM Stat § 35-9-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-3 - Attachment; hearing; judgment.

A. If the defendant was personally served as provided in Section 35-9-2B NMSA 1978, or if he appears as provided in the civil summons, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions. B. If the defendant was not personally served as provided in Section 35-9-2B NMSA 1978, but his personal property was seized under the attachment and he does not appear as provided in the summons, the magistrate shall order the sheriff to notify the defendant by newspaper publication or by posting in at least three of the most public places in the county that his property has been attached and that, unless he appears before the magistrate at a time and place mentioned in the notice, not less than twenty days or more than ninety days from the date of the notice, judgment will be rendered against him and his property sold to pay the debt. If the defendant appears when notified as provided in this subsection, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions. If the defendant fails to appear when notified as provided in this subsection, the magistrate shall enter a default judgment against him in the action. History: 1953 Comp., § 36-11-3, enacted by Laws 1968, ch. 62, § 116. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "appearance" under Rule 55 (b)(2) of Federal Rules of Civil Procedure, providing that if party against whom default judgment is sought has "appeared" in action, that party must be served with notice of application for judgment, 139 A.L.R. Fed. 603.
NM Stat § 35-9-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-4 - Attachment; dissolution.

A. An attachment may be dissolved at any time before final judgment if the defendant appears and pleads to the action and posts bond to the plaintiff in double the sum claimed in the complaint, or double the value of the property attached, whichever is less, with sufficient sureties, conditioned that the property will be available to satisfy any judgment which might be entered against him in the action. B. When an attachment is dissolved, all proceedings touching the property attached are vacated, and the action shall proceed as if the attachment had not been issued. History: 1953 Comp., § 36-11-4, enacted by Laws 1968, ch. 62, § 117. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 523 to 557. 7 C.J.S. Attachment § 247 et seq. 51 C.J.S. Justices of the Peace § 77 (15), (16).
NM Stat § 35-9-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-5 - Attachment; suit on bond.

The bond given by the plaintiff or other person in an attachment action in the magistrate court may be sued upon in the name of the state by any party injured, and shall proceed as in other civil actions. History: 1953 Comp., § 36-11-5, enacted by Laws 1968, ch. 62, § 118. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 546 to 549. Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221. Right to recover attorney's fees for wrongful attachment, 65 A.L.R.2d 1426. 51 C.J.S. Justices of the Peace § 77 (19), (20).
NM Stat § 35-9-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-6 - Attachment; special provisions.

All laws and procedures governing magistrate courts apply to attachment actions in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-11-6, enacted by Laws 1968, ch. 62, § 119.
NM Stat § 35-9-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-7 - Attachment; form of bond.

Attachment bonds in civil actions in the magistrate court shall be in substantially the following form: || "STATE OF NEW MEXICO    || ____________ MAGISTRATE DISTRICT, DIVISION _______   || (Name), Plaintiff    ) )     || v.    )    CIVIL DOCKET NO. ________   ||  (Name), Defendant    ) )     || ATTACHMENT BOND   |We bind ourselves, our heirs, executors and administrators to the state of New Mexico in the sum of _________ ($ _____) on condition that the plaintiff will diligently prosecute this action to final judgment without delay, will pay to the defendant all money found due to him in the action, and will pay all damages that may accrue to the defendant by reason of the attachment, upon completion of which this obligation is void. ||  ______________________________ Plaintiff (Principal)   ||  ______________________________ Surety   ||  ______________________________ Surety   |Approved _____________, 19 ___ __________________________________Magistrate" History: 1953 Comp., § 36-11-7, enacted by Laws 1968, ch. 62, § 120.
NM Stat § 35-9-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 9 - Magistrate Court; Attachment|Section 35-9-8 - Attachment; form of writ.

Writs of attachment in civil actions in the magistrate court shall be in substantially the following form: || "STATE OF NEW MEXICO    || ____________ MAGISTRATE DISTRICT, DIVISION _______   || (Name), Plaintiff    ) )     || v.    )    CIVIL DOCKET NO. ________   ||  (Name), Defendant    ) )     || WRIT OF ATTACHMENT   |THE STATE OF NEW MEXICO TO: The sheriff or a full-time, salaried deputy sheriff: You are ordered to attach personal property of the defendant in this action having a value sufficient to satisfy the sum of _______ ($ _____), with interest and costs, wherever the same may be found in the county, safely to keep the property to satisfy any judgment that might be recovered by the plaintiff in this action, and to make return of this writ to me on ________, 19 ___, presenting with your return a copy of your inventory of property attached. | Dated _________, 19 ___    ________________________________ Magistrate"   History: 1953 Comp., § 36-11-8, enacted by Laws 1968, ch. 62, § 121.
NM Stat § 35-10-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer|Section 35-10-2 - Limitation of remedy.

The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall not apply to actions by a landlord arising out of a residential tenancy governed by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. History: 1953 Comp., § 36-12-1.1, enacted by Laws 1975, ch. 38, § 53. ANNOTATIONSCross references. — For provision of Uniform Owner-Resident Relations Act on forcible entry and detainer, see 47-8-49 NMSA 1978. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 35-10-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer|Section 35-10-4 - Forcible entry or detainer; judgment.

A. If the defendant is found guilty in a civil action for forcible entry or unlawful detainer, judgment shall be entered against him: (1) for damages; and (2) that he be removed from the premises and the plaintiff be put in possession. B. Execution shall include an order that the sheriff or a full-time, salaried deputy sheriff remove the defendant from the premises. History: 1953 Comp., § 36-12-3, enacted by Laws 1968, ch. 62, § 124. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-12-3, 1953 Comp., relating to form of dockets in criminal cases, effective January 1, 1969. Cross references. — For applicability of personal property exemptions under 42-10-1 NMSA 1978, see 35-4-2 NMSA 1978. For exemptions and procedure for claiming in magistrate courts, see Rule 2-803 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Forcible Entry and Detainer §§ 47 to 49. 36A C.J.S. Forcible Entry and Detainer §§ 68 to 75.
NM Stat § 35-10-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer|Section 35-10-5 - Forcible entry or detainer; damages on appeal.

A. If the plaintiff recovers judgment in an action for forcible entry or unlawful detainer upon appeal: (1) to the district court, the damages assessed shall be the actual value of the rent due until entry of judgment by the magistrate court and double the value of all rent accrued thereafter until entry of judgment in the district court; and (2) to the supreme court or court of appeals, further damages at double the value of all rent accrued from the entry of judgment in the district court until delivery of possession to him. B. The supersedeas bond required under Section 39-3-22 NMSA 1978, shall contain a condition requiring the defendant appealing or taking a writ of error to the supreme court or court of appeals to pay all damages prescribed in this section if the judgment of the district court is affirmed by the supreme court or court of appeals, and the amount of the bond shall be sufficient to cover all such damages. The bond operates as a supersedeas to the order of removal as well as to execution for damages and costs. Upon final disposition of the appeal from the district court in his favor, the plaintiff may sue on the supersedeas bond to recover the damages. History: 1953 Comp., § 36-12-4, enacted by Laws 1968, ch. 62, § 125. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-12-4, 1953 Comp., relating to suspension of sentence in criminal cases, effective January 1, 1969. Cross references. — For amendments on trial de novo in district court, see 35-13-3 NMSA 1978. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M. L. Rev. 293 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Forcible Entry and Detainer §§ 50, 51, 56. 36A C.J.S. Forcible Entry and Detainer §§ 58 to 61, 87 to 95.
NM Stat § 35-10-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer|Section 35-10-6 - Forcible entry or detainer; form of execution.

Executions in civil actions for forcible entry or detainer in the magistrate court shall be in substantially the following form: || "STATE OF NEW MEXICO    || ____________ MAGISTRATE DISTRICT, DIVISION _______   || (Name), Plaintiff    ) )     || v.    )    CIVIL DOCKET NO. ________   ||  (Name), Defendant    ) )     || EXECUTION IN FORCIBLE ENTRY OR DETAINER   |THE STATE OF NEW MEXICO To: The sheriff or a full-time, salaried deputy sheriff: Judgment having been entered for the plaintiff in this action, you are ordered to cause the defendant forthwith to be removed from the premises at: (describe premises as in the judgment) ____________ the plaintiff to have possession thereof, and that you levy against the personal property of the defendant, wherever the same may be found in the county, the sum of ___________ ($ ______) and your fees hereon, and that you return this writ to me within twenty days. | Dated _________, 19 ___    ________________________________ Magistrate"   History: 1953 Comp., § 36-12-5, enacted by Laws 1968, ch. 62, § 126. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-12-5, 1953 Comp., relating to criminal dockets, effective January 1, 1969.
NM Stat § 35-11-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 11 - Magistrate Court; Replevin|Section 35-11-1 - Replevin; grounds.

Whenever any personal property is wrongfully taken or detained, the person having a right to immediate possession may bring a civil action of replevin for recovery of the property and for damages sustained from the wrongful taking or detention. However, in replevin actions, magistrate courts shall not issue any writs of replevin or any other orders providing for a seizure of property before judgment. History: 1953 Comp., § 36-13-1, enacted by Laws 1968, ch. 62, § 127; 1975, ch. 249, § 8. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-13-1, 1953 Comp., relating to forms in criminal cases, effective January 1, 1969. Cross references. — For jurisdictional amount of magistrate court, see 35-3-3 NMSA 1978. For replevin bond where animals trespassing in irrigation district, see 77-14-14 NMSA 1978. Former versions unconstitutional. — Former versions of New Mexico replevin statutes, insofar as they provided for a prejudgment taking of property without notice and hearing, were unconstitutional as a violation of the constitutional prohibition of taking property without due process of law. Montoya v. Blackhurst, 1972-NMSC-058, 84 N.M. 91, 500 P.2d 176. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 61 to 66. Sufficiency of proof in replevin of defendant's possession at time of commencement of action, 2 A.L.R.2d 1043. Right of action for conversion as affected by assertion of rights or pursuit of remedies founded on continued ownership of the property, 3 A.L.R.2d 218. Revocation of license to cut and remove timber as affecting rights in respect of timber cut but not removed, 26 A.L.R.2d 1194. Availability of replevin or similar possessory action to one not claiming as heir, legatee or creditor of decedent's estate, against personal representative, 42 A.L.R.2d 418. County that may bring replevin or similar possessory action, 60 A.L.R.2d 487. Recovery of fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945. Maintenance of replevin or similar possessory remedy by cotenant, or security transaction creditor thereof, against other cotenants, 93 A.L.R.2d 358. Recovery of value of property in replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896. Modern views as to validity, under Federal Constitution, of state prejudgment attachment, garnishment and replevin procedures, distraint procedures under landlords' or innkeepers' lien statutes, and like procedures authorizing summary seizure of property, 18 A.L.R. Fed. 223, 29 A.L.R. Fed. 418. 77 C.J.S. Replevin § 1 et seq.
NM Stat § 35-11-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 11 - Magistrate Court; Replevin|Section 35-11-2 - Replevin; special provisions.

All laws and procedures governing magistrate courts apply to actions of replevin in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-13-4, enacted by Laws 1968, ch. 62, § 130. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-13-4, 1953 Comp., relating to distribution of forms for criminal cases, effective January 1, 1969.
NM Stat § 35-11-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 11 - Magistrate Court; Replevin|Section 35-11-3 - Judgment.

In any replevin action in the magistrate court, judgment may be entered for the plaintiff granting the plaintiff the property, or its fair market value in case a delivery cannot be made, and damages for the wrongful taking or detention of the property by the defendant. History: 1953 Comp., § 36-13-7, enacted by Laws 1975, ch. 249, § 9. ANNOTATIONSCross references. — For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq.
NM Stat § 35-12-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-2 - Garnishment; service on garnishee.

A. The garnishment shall be served on the garnishee within the magistrate district in the manner provided by law for service of a civil summons in the magistrate court and shall order the garnishee in the action to appear before the magistrate within twenty days from the date of service to answer under oath, as of the date the garnishment was served and also as of the date of his answer: (1) what, if anything, he is indebted to the defendant and on what account; (2) what, if any, personal property of the defendant is in his possession; and (3) what other persons, if any, within his knowledge are indebted to the defendant or have personal property of the defendant in their possession. B. Return on the garnishment shall be made in the manner provided by law for return on a civil summons in the magistrate court. History: 1953 Comp., § 36-14-2, enacted by Laws 1968, ch. 62, § 134. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-2, 1953 Comp., relating to discharge upon giving bond, effective January 1, 1969. Cross references. — For service of writs of garnishment on state employees, see 38-1-17 NMSA 1978. For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq. Perfection of the writ of garnishment occurred on the date of service of the writ, and the lack of a judgment against the garnishee had no effect, as any judgment would relate back to the date of service of the writ. Behles v. Ellermeyer (In re Lucas), 107 Bankr. 332 (Bankr. D.N.M. 1989). Service of the writ of garnishment creates a lien on the property attached, which is a transfer within the meaning of the Federal Bankruptcy Law. Behles v. Ellermeyer (In re Lucas), 107 Bankr. 332 (Bankr. D.N.M. 1989). Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 339 to 341. Service of process in garnishment of foreign corporation doing business in state, 113 A.L.R. 140. Who may serve writ, summons, or notice of garnishment, 75 A.L.R.2d 1437. United States Postal Service as subject to garnishment, 38 A.L.R. Fed. 546. 38 C.J.S. Garnishment § 174 et seq.; 51 C.J.S. Justices of the Peace § 78(4).
NM Stat § 35-12-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-5 - Garnishment; controverting garnishee's answer.

A. If the plaintiff or defendant is not satisfied with the answer of any garnishee, he may controvert it by stating how he believes it is incorrect, and the issue shall be tried and determined by the magistrate court. B. Any person claiming personal property, money or any chose in action garnished may intervene in the action, and no judgment shall be rendered against the garnishee until the intervention is tried and determined by the magistrate court. History: 1953 Comp., § 36-14-5, enacted by Laws 1968, ch. 62, § 137. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-5, 1953 Comp., relating to appearance bonds when both parties absent or present, effective January 1, 1969. Effect of nonnegotiability of note provision. — The insertion of a provision specifying the nonnegotiability of a note cannot circumvent a judgment creditor's right to garnishment. The nonnegotiability of the note does not preclude the underlying debt due from the garnishee to the defendant from being collected by garnishment, as under this section monies due under a chose in action are subject to garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922. Intervention. — A party claiming an interest in the subject matter of the garnishment should, upon timely application, be permitted to intervene in the garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 355, 356. 38 C.J.S. Garnishment § 258 et seq.