reglab/housing_qa huggingface dataset:
NM Stat § 35-12-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-6 - Garnishment; unmatured debts.

Debts not yet due to the defendant may be garnished, but no execution shall be awarded against the garnishee for such debts until they become due. The magistrate may order the defendant to deliver the evidence of such indebtedness to the court. If the defendant alleges an endorsement or delivery of the evidence before the court's order came to his knowledge, the court may inquire into the consideration and good faith of the transfer and, if the court determines that the endorsee or transferee holds by fraudulent endorsement or delivery, it may order delivery of the evidence to the court. When any evidence of indebtedness is delivered to the court under this section, the court shall notify any endorsers of its nonpayment at maturity, and the garnishment proceedings shall remain open until it becomes due. History: 1953 Comp., § 36-14-6, enacted by Laws 1968, ch. 62, § 138. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-6, 1953 Comp., relating to peace bond procedure, effective January 1, 1969.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 35-12-5 NMSA 1978, 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment § 56. Garnishment of money due only on further performance of contract by debtor, 2 A.L.R. 506. Garnishment of money in escrow, 10 A.L.R. 741. Right of garnishee, other than bank holding deposit, to set off claims not due or certain when garnishment is served, 57 A.L.R.2d 700. 38 C.J.S. Garnishment § 91 et seq.
NM Stat § 35-12-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-8 - Garnishment; payment of exempt wages and salary.

Any employer charged as a garnishee in any civil action in the magistrate court shall pay to the defendant, when due, the amount of his wages or salary exempt from garnishment under Section 35-12-7 NMSA 1978. History: 1953 Comp., § 36-14-7.1, enacted by Laws 1969, ch. 139, § 7.
NM Stat § 35-12-9 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-9 - Garnishment; wages and salary; lien; priority.

A. A judgment entered against a garnishee under Section 35-12-4D NMSA 1978 is a lien on the defendant's wages or salary, which are not exempt from garnishment under Section 35-12-7 NMSA 1978 and which come due subsequent to the time of answer, until the judgment against the garnishee is paid or until the employment relationship is terminated. B. If the defendant's wages or salary are subject to more than one judgment lien, the liens shall be satisfied in the order in which the garnishment is served on the garnishee. History: 1953 Comp., § 36-14-7.2, enacted by Laws 1969, ch. 139, § 8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 33, 176 to 183; 31 Am. Jur. 2d Exemptions §§ 1, 35 to 41, 43 to 49, 51 to 53, 55, 56. 35 C.J.S Exemptions §§ 1, 47 to 51; 38 C.J.S. Garnishment § 199 et seq.; 51 C.J.S. Justices of the Peace § 78(7).
NM Stat § 35-12-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-10 - Garnishment; public officer as garnishee.

A. No public officer of the state or any of its political subdivisions shall be summoned in his official capacity as a garnishee in a civil action in the magistrate court to answer for wages or salaries due to a public officer or employee unless the plaintiff has a judgment in the action against the defendant. Under this condition, wages and salaries due public officials and employees are subject to garnishment. B. This section does not prevent any available claim of exemption from garnishment. C. As provided in this section, when any public officer is summoned as garnishee in a civil action in the magistrate court, his answer shall be by statement over his official signature of the amount due the defendant and the statement shall be filed in the action without cost. History: 1953 Comp., § 36-14-8, enacted by Laws 1968, ch. 62, § 140. ANNOTATIONSCross references. — For service of writs of garnishment on state employees, see 38-1-17 NMSA 1978. Injunction in aid of garnishment not allowed. — Injunction would not lie against the state highway commission [state transportation commission] and members thereof and the state highway engineer (secretary of transportation), the state auditor and treasurer, to restrain them from paying a contractor, pending the efforts of a creditor of such contractor to procure a judgment at law in order that he might summon such officials as garnishees, it being in effect an action against the state. Looney v. Stryker, 1926-NMSC-037, 31 N.M. 557, 249 P. 112. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 78 to 84. Right of municipal corporation to waive immunity from garnishment, 2 A.L.R. 1586. Constitutionality of statute authorizing garnishment of salary or wages of public officials or employees, 22 A.L.R. 760, 123 A.L.R. 903. County as subject to garnishment, 60 A.L.R. 823. Municipal funds and credits as subject to garnishment on judgments against municipality, 89 A.L.R. 863. Redemption money in hands of officer as subject to garnishment, 94 A.L.R. 1049. 38 C.J.S. Garnishment §§ 26, 39 et seq.
NM Stat § 35-12-11 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-11 - Garnishment; execution against garnishee.

Whenever judgment is rendered against the garnishee in any civil action in the magistrate court, execution shall be made as provided by law for executions in other civil actions in the magistrate court. History: 1953 Comp., § 36-14-9, enacted by Laws 1968, ch. 62, § 141. ANNOTATIONSCross references. — For rules on execution in magistrate courts in civil case, see Rules 2-801 to 2-803 NMRA.
NM Stat § 35-12-12 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-12 - Garnishment; defense to claim against garnishee.

In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magistrate court in a garnishment proceeding. History: 1953 Comp., § 36-14-10, enacted by Laws 1968, ch. 62, § 142. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 357 to 390. Estoppel of garnishee or surety on delivery bond to deny indebtedness to principal defendant, by judgment against the latter which garnishee, surety, or latter's reinsurer sought to prevent, 27 A.L.R. 1543. Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572. Payment under void order in garnishment proceedings as protection to garnishee, 49 A.L.R. 1411. Liability of garnishee to garnishor where former pays debts or releases property pending defective garnishment proceedings, 89 A.L.R. 975. 38 C.J.S. Garnishment § 230 et seq.
NM Stat § 35-12-13 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-13 - Garnishment; dissolution.

A. At any time before judgment in a civil action in the magistrate court in which a garnishment has been issued, the defendant in the action may obtain a dissolution of the garnishment by filing in the action a bond to the plaintiff in double the sum claimed in the complaint, or double the value of the indebtedness and personal property garnished, whichever is less, with sufficient sureties, conditioned for the payment of any judgment that may be rendered against the garnishee in the action. B. When a garnishment is dissolved, all proceedings touching the garnished indebtedness or personal property are vacated. History: 1953 Comp., § 36-14-11, enacted by Laws 1968, ch. 62, § 143. ANNOTATIONSLaw reviews. — For comment, "Wage Garnishment in New Mexico - Existing Debtor Protections under Federal and State Law and Further Proposals," see 1 N.M.L. Rev. 388 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 408, 518 to 534. Discharge of garnishment, or bond for its dissolution, by subsequent amendment of pleadings or the writ, 74 A.L.R. 912. Abatement on ground of prior pending action in same jurisdiction as affected by loss by plaintiff in second action of advantage gained therein by attachment, garnishment, or like process, 40 A.L.R.2d 1111. Amendment of bond, 47 A.L.R.2d 971. 38 C.J.S. Garnishment § 319; 51 C.J.S. Justices of the Peace § 78(10).
NM Stat § 35-12-14 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-14 - Garnishment; suit on bond.

The bond given by the plaintiff or other person in a garnishment proceeding 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., § 36-14-12, enacted by Laws 1968, ch. 62, § 144. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 518 to 557. 38 C.J.S. Garnishment § 351 et seq.; 51 C.J.S. Justices of the Peace § 78(13).
NM Stat § 35-12-15 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-15 - Garnishment; special provisions.

All laws and procedures governing magistrate courts apply to garnishment proceedings in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-14-13, enacted by Laws 1968, ch. 62, § 145. ANNOTATIONSCross references. — For the Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq.
NM Stat § 35-12-17 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-17 - Garnishment; form of bond.

Garnishment 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 (Name), Garnishee    ) )     || GARNISHMENT 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 and costs that may accrue to the defendant and the garnishee by reason of the garnishment or any process or judgment thereon, upon completion of which this obligation is void. ||  ______________________________ Plaintiff (Principal)   ||  ______________________________ Surety   ||  ______________________________ Surety   |Approved _____________, 19 ___ __________________________________Magistrate" History: 1953 Comp., § 36-14-14, enacted by Laws 1968, ch. 62, § 146.
NM Stat § 35-12-19 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 12 - Magistrate Court; Garnishment|Section 35-12-19 - Garnishment; district court; magistrate court; small claims court.

Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the event the district court has jurisdiction, the district court clerk may issue the writ of garnishment. In those cases filed in small claims court, the small claims court may issue the writ of garnishment. History: 1953 Comp., § 36-14-16, enacted by Laws 1969, ch. 139, § 10; 1973, ch. 24, § 1; 1979, ch. 183, § 1. ANNOTATIONSRepeals. — Laws 1979, ch. 346, § 13, repealed 34-8-1 to 34-8-13 NMSA 1978, which provided for the small claims court referred to in this section. Laws 1979, ch. 346, also established metropolitan courts. See 34-8A-1 to 34-8A-8 NMSA 1978. Cross references. — For jurisdictional amount of magistrate court, see 35-3-3 NMSA 1978. For jurisdiction of district courts, see N.M. Const., art. VI, § 13. Purpose of section. — This section expressly invests district courts with jurisdiction to issue writs of garnishment relating to matters pending in their courts in accordance with Sections 35-12-1 to 35-12-18 NMSA 1978. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922. Jurisdiction generally. — A court has no jurisdiction to proceed in garnishment, even though it is a court of general jurisdiction, unless such jurisdiction is expressly conferred by statute. 1969 Op. Att'y Gen. No. 69-85.
NM Stat § 35-13-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 13 - Magistrate Court; Appeals|Section 35-13-3 - Appeals; amendments on trial de novo.

Upon trial de novo in the district court upon appeal from the magistrate court, the district court shall allow all amendments necessary to the furtherance of justice. History: 1953 Comp., § 36-15-4, enacted by Laws 1968, ch. 62, § 151. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-15-1 to 36-15-4, 1953 Comp., relating to forfeiture of appearance bonds, summons, service and appeal, effective January 1, 1969. Meaning of "trial de novo". — Appeals from a magistrate court to the district court shall be determined by trial de novo which means "anew." Southern Union Gas Co. v. Taylor, 1971-NMSC-067, 82 N.M. 670, 486 P.2d 606. Amendment to show jurisdiction allowed. — Former statute called for an affirmative showing on the face of the papers as to jurisdictional matters, and where it did not so appear upon any appeal, and yet the jurisdiction actually existed, it was the duty of district court to allow the necessary amendment to show such fact. Tietjen v. McCoy, 1918-NMSC-074, 24 N.M. 164, 172 P. 1144 (decided under former law). Amendment not sufficient. — Amendment to complaint to show jurisdiction by means of a paper clipped to the complaint was not sufficient. Bell v. Beck, 1939-NMSC-035, 43 N.M. 315, 92 P.2d 992 (decided under former law). Error in refusal to permit amendment. — In action of replevin begun in justice of peace court (now magistrate court) and appealed to district court, district court erred in refusing to permit plaintiff to amend affidavit of replevin in controversy. Romero v. Luna, 1892-NMSC-011, 6 N.M. 440, 30 P. 855 (decided under former law). Leave to amend not to be withheld. — Power of district court to exercise its discretion in giving leave to amend was not to be withheld in cases of appeal, when it appeared that justice of the peace (now magistrate) had jurisdiction of subject matter in controversy and of parties in the case. Sanchez v. Luna, 1857-NMSC-012, 1 N.M. 238 (decided under former law). Grant of summary judgment not error. — Where there was nothing to show the trial court failed to consider the matters he was required to consider by Rule 56(c) [now Rule 1-056C], N.M.R. Civ. P., grant of summary judgment regardless of magistrate's findings was not error. Southern Union Gas Co. v. Taylor, 1971-NMSC-067, 82 N.M. 670, 486 P.2d 606. Scope of appeal. — Where defendant did not challenge his convictions on appeal and did not claim to be aggrieved, but only challenged constitutionality of a federal statute and its effect on him, defendant lacked the right to appeal his conviction. State v. Garcia, 2003-NMCA-045, 133 N.M. 444, 63 P.3d 1164. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 96. 51 C.J.S. Justices of the Peace §§ 151, 153(8), 154(3), 174, 190, 226.
NM Stat § 35-14-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-3 - Judges; qualifications; bond; salary.

The qualifications of municipal judges, bond required and salary received shall be provided by ordinance of the municipality. History: 1953 Comp., § 37-1-3, enacted by Laws 1961, ch. 208, § 3. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies. Constitutionality of section. — This section on its face is not discriminatory and does not present an equal protection problem since New Mexico's scheme does not establish classes of municipalities, some of which must have attorney judges and other which do not, and once a New Mexican municipality has determined the minimum educational and other qualifications for its municipal court judges, all defendants in that municipality are tried by judges that have met these qualifications, so that at the individual municipal court level there is equal treatment for all defendants with respect to the judges having satisfied the same qualifications. Furthermore, in New Mexico there exists an ameliorative feature which insures that if defendants tried before a nonattorney municipal judge want to have an attorney judge, then after trial, or upon a nolo contendere or a guilty plea, they could seek an immediate trial de novo in district court before an attorney judge. Tsiosdia v. Rainaldi, 1976-NMSC-011, 89 N.M. 70, 547 P.2d 553. Holding of other office permissible. — It is permissible for a police judge to also hold a job in the town administration as traffic violations bureau director, and it is permissible for him to draw compensation for said added duty. 1958 Op. Att'y Gen. No. 58-221 (rendered under former law). Remuneration of municipal judge generally. — Until such time as a valid ordinance provides for his salary, a municipality may not legally pay remuneration to its magistrate although it may reimburse the judge for his legitimate expenses. 1969 Op. Att'y Gen. No. 69-129. Municipal judge is public officer for purposes of N.M. Const., art. IV, § 27. 1979 Op. Att'y Gen. No. 79-27. Effect of arrests and convictions on salary. — Section 66-8-137 NMSA 1978 provides that a municipal magistrate's salary cannot depend upon arrests and convictions for violations under the Motor Vehicle Code (66-1-1 NMSA 1978 et seq.). 1969 Op. Att'y Gen. No. 69-129. Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 11. 48A C.J.S. Judges § 1 et seq.
NM Stat § 35-14-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-4 - Election; term; vacancy.

A. Municipal judges shall be elected, for terms of four years, at a regular municipal election. B. In municipalities with a population of thirty thousand persons or more, additional judges may be elected if the municipal governing body determines the workload of the court requires more than one judge. Municipalities with a population of less than thirty thousand persons shall have only one municipal judge. C. The governing body of any municipality may fill vacancies by appointment of a municipal judge to serve until the next regular municipal election. History: 1953 Comp., § 37-1-4, enacted by Laws 1961, ch. 208, § 4; 1967, ch. 215, § 2; 1973, ch. 208, § 2; 1993, ch. 222, § 1. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies. The 1993 amendment, effective June 18, 1993, substituted "thirty thousand" for "fifty thousand" in both sentences of Subsection B. Length of term statutorily mandated. — The city charter of a non-homerule municipality may not provide municipal judges with terms of a different length than those mandated by statute. 1987 Op. Att'y Gen. No. 87-16. Where no successor chosen. — Where no successor was chosen as provided by law, i.e., no election was held, there now exists by virtue of 10-3-1 NMSA 1978 a "vacancy" which can be filled by appointment under this section. Once he is appointed and qualifies by giving his bond, he takes office from the incumbent who remains in that office under N.M. Const., art. XX, § 2. 1956 Op. Att'y Gen. No. 56-6452 (rendered under former law). Municipal judge must be a resident of the municipality which he serves. 1969 Op. Att'y Gen. No. 69-11. Municipal judge is public officer for purposes of N.M. Const., art. IV, § 27. 1979 Op. Att'y Gen. No. 79-27. Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 9, 239, 240. 48A C.J.S. Judges § 12 et seq.
NM Stat § 35-14-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-5 - Temporary incapacity or absence of a municipal judge.

Any registered voter of a municipality in which a municipal judge is incapacitated or absent may be appointed to the office of the municipal judge during his temporary incapacity or absence, and he shall hear and determine cases arising under municipal ordinances while sitting as municipal judge. The governing body may establish a procedure by ordinance for appointment. History: 1953 Comp., § 37-1-5, enacted by Laws 1961, ch. 208, § 5; 1973, ch. 88, § 1. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies. Separation of powers. — A municipal ordinance establishing a procedure for filling a temporary vacancy on the municipal court did not violate the separation of powers doctrine. Aguilar v. City Comm'n, 1997-NMCA-045, 123 N.M. 333, 940 P.2d 181. Scope of city authority. — City commission acted within its authority in establishing a procedure for filling a temporary vacancy on the municipal court. Aguilar v. City Comm'n, 1997-NMCA-045, 123 N.M. 333, 940 P.2d 181. Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 248 et seq. 48A C.J.S. Judges § 161 et seq.
NM Stat § 35-14-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-6 - Duties of temporary municipal judge.

The requirements of law relating to money collected, monthly reports, itemized statements and penalties apply to temporary municipal judges. History: 1953 Comp., § 37-1-6, enacted by Laws 1961, ch. 208, § 6. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies. Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 248 et seq. 48A C.J.S. Judges § 161 et seq.