reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-19 - [Default after service by publication; judgment; effect.]

When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant in any subsequent suit.
History:
C.L. 1897, § 2685 (197), added by Laws 1907, ch. 107, § 1 (197); Code 1915, § 4312; C.S. 1929, § 105-1615; 1941 Comp., § 22-119; 1953 Comp., § 26-1-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Where levy made upon defendant's property under valid writ
of attachment, and service made by publication on a nonresident, although the return of the sheriff was not made until after judgment was taken, the court had jurisdiction to render a default judgment and to order sale of perishable property attached and apply the proceeds.
Southern Cal. Fruit Exch. v. Stamm
, 1898-NMSC-008, 9 N.M. 361, 54 P. 345 (decided under former law).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment § 388.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-20 - [Forthcoming bond.]

When property of the defendant found in his possession, or in the hands of any other person, shall be attached, the defendant or such other person may retain possession thereof by giving bond and security to the satisfaction of the officer executing the writ, to the officer or his successor in double the value of the property attached conditioned that the same shall be forthcoming when and where the court shall direct, and shall abide the judgment of the court.
History:
C.L. 1897, § 2685 (198), added by Laws 1907, ch. 107, § 1 (198); Code 1915, § 4313; C.S. 1929, § 105-1616; 1941 Comp., § 22-120; 1953 Comp., § 26-1-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Giving bond not release property from lien.
— Under Kearny Code, Attachments, § 13; Comp. Laws 1865, ch. 31, § 12; Comp. Laws 1897, § 2704, repealed by Laws 1907, ch. 107, § 1 (300), which was identical with the present section, the giving of a forthcoming bond in attachment did not release the property from the attachment lien. It simply constituted the defendant the bailee of the sheriff for the safe-keeping of the property, and for its return to the sheriff in case the plaintiff should recover, and in default of which the liability of the bond attaches to the defendant and his sureties. It did not constitute a general appearance.
Holzman v. Martinez
, 1882-NMSC-011, 2 N.M. 271 (decided under former law).
Action by sheriff for breach.
— An action may be brought for breach of a forthcoming bond by the sheriff for the use and benefit of the real parties in interest.
Wagner v. Romero
, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (decided under former law).
Action without joinder of principal.
— Action was maintainable on forthcoming bond in attachment without joining principal or without showing judgment against principal and exhaustion of remedies against the principal.
Wagner v. Romero
, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (decided under former law).
Principals and sureties jointly and severally liable.
— Principals and sureties on forthcoming bond in attachment were jointly and severally liable.
Wagner v. Romero
, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (decided under former law).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment §§ 523, 529, 531, 541, 542, 544, 547, 616.
Bankruptcy of debtor within four months after attachment or execution as discharging surety on bond given to release property seized thereunder, 36 A.L.R. 449, 107 A.L.R. 1138.
Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.
7 C.J.S. Attachment §§ 248, 249, 258, 259, 268 to 274, 290, 316, 367.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-21 - [Officer's return.]

The officer executing the writ of attachment shall return, with the writ, all bonds taken by him in virtue thereof, a schedule of all property and effects attached, and the names of all the garnishees, the times and places when and where respectively summoned.
History:
C.L. 1897, § 2685 (199), added by Laws 1907, ch. 107, § 1 (199); Code 1915, § 4314; C.S. 1929, § 105-1617; 1941 Comp., § 22-121; 1953 Comp., § 26-1-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-22 - [Officer's liability on failure to return bond.]

If the officer wilfully [willfully] fail to return a good and sufficient bond in any case where bond is required by law, he shall be held and considered as security for the performance of all acts and the payment of all money to secure the performance of which such bond ought to have been taken.
History:
C.L. 1897, § 2685 (200), added by Laws 1907, ch. 107, § 1 (200); Code 1915, § 4315; C.S. 1929, § 105-1618; 1941 Comp., § 22-122; 1953 Comp., § 26-1-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-23 - [When court acquires jurisdiction; survival of action.]

From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction, and to have control of all subsequent proceedings in relation thereto; and if after the issuing of the order, the defendant being a person, should die, or a corporation, and its charter should expire by limitation, forfeiture or otherwise, the proceedings, shall be carried on, but in all such cases other than where the defendant was a foreign corporation, his legal representatives shall be made parties to the action.
History:
C.L. 1897, § 2685 (220), added by Laws 1907, ch. 107, § 1 (220); Code 1915, § 4332; C.S. 1929, § 105-1635; 1941 Comp., § 22-123; 1953 Comp., § 26-1-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment §§ 13 to 39; 20 Am. Jur. 2d Courts § 112.
Retaining indebtedness of heir, legatee or distributee as against attaching creditor, 1 A.L.R. 1034, 30 A.L.R. 775, 75 A.L.R. 878, 110 A.L.R. 1384, 164 A.L.R. 717.
Receiver, effect of appointment of, for corporation, upon enforcement of attachment lien, 8 A.L.R. 459.
Death of principal defendant as abating or dissolving attachment, 21 A.L.R. 272, 131 A.L.R. 1146.
1 C.J.S. Abatement and Revival § 152; 7 C.J.S. Attachment §§ 214, 343.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-25 - [Designating person to make sale; requiring bond.]

In such case the judge may appoint someone to make such sale, and require such bond and security to be given for the faithful performance of the same and the accounting for the proceeds and paying the same over, as the nature of the case may demand.
History:
C.L. 1897, § 2685 (210), added by Laws 1907, ch. 107, § 1 (210); Code 1915, § 4320; C.S. 1929, § 105-1623; 1941 Comp., § 22-125; 1953 Comp., § 26-1-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Injunction against waste to protect attachment lien, 103 A.L.R. 387.
7 C.J.S. Attachment §§ 277, 278, 281.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-26 - [Receiver; appointment; bond.]

The judge may, if he shall find the safety of the property or the security of the proceeds shall require it, appoint a special receiver to take possession of the same, after giving such bond and security as the judge shall approve.
History:
C.L. 1897, § 2685 (211), added by Laws 1907, ch. 107, § 1 (211); Code 1915, § 4321; C.S. 1929, § 105-1624; 1941 Comp., § 22-126; 1953 Comp., § 26-1-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment §§ 209, 210, 593; 65 Am. Jur. 2d Receivers § 23; 66 Am. Jur. 2d Receivers §§ 260, 261.
7 C.J.S. Attachment §§ 2, 106 to 113, 149 to 155, 254 to 257, 263.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-27 - [Disposition of proceeds of sale.]

All such proceeds of sale of property shall be delivered to such person as the judge or court shall determine entitled to the same upon the final disposition of the suit.
History:
C.L. 1897, § 2685 (212), added by Laws 1907, ch. 107, § 1 (212); Code 1915, § 4322; C.S. 1929, § 105-1625; 1941 Comp., § 22-127; 1953 Comp., § 26-1-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
47 Am. Jur. 2d Judicial Sales § 272.
7 C.J.S. Attachment §§ 284, 285.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-28 - [Expenses in connection with receivership and sale.]

The judge or court may allow to the receiver or person making said sale a reasonable compensation for his services, and the necessary costs for keeping and preserving the property.
History:
C.L. 1897, § 2685 (213), added by Laws 1907, ch. 107, § 1 (213); Code 1915, § 4323; C.S. 1929, § 105-1626; 1941 Comp., § 22-128; 1953 Comp., § 26-1-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-29 - [Intervention in attachment proceedings.]

Any person owning or claiming any property, or a lien thereon, which has been attached in any proceeding to which he is not a party may intervene therein at any time before the trial thereof begins, by filing a petition, under oath, setting up his right, and thereafter said cause shall proceed as in other cases of intervention.
History:
Laws 1917, ch. 75, § 1; C.S. 1929, § 105-1613; 1941 Comp., § 22-129; 1953 Comp., § 26-1-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For intervention,
see
Rule 1-024 NMRA.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment §§ 577 to 586.
Attorney's fees for wrongful attachment, right of successful intervenor or claimant of property to, 25 A.L.R. 604, 65 A.L.R.2d 1426.
Right of attaching creditor to intervene in suit of prior attachment creditor, 39 A.L.R. 1505.
Reformation of deed or mortgage as against intervening rights of attaching judgment creditor, 44 A.L.R. 109, 79 A.L.R.2d 1180.
Surety of building contractor who completes contract as entitled to moneys earned by contractor but unpaid before default, as against attaching creditors of contractor, 45 A.L.R. 388, 134 A.L.R. 738, 164 A.L.R. 613.
Relief to successful intervenor or interpleader in attachment, nature and extent of, 66 A.L.R. 908.
7 C.J.S. Attachment §§ 298 to 315.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-30 - [Bond discharging attachment and garnishment; restitution of property.]

If the defendant or other person on his behalf at any time before judgment cause a bond to be executed to the plaintiff, by one or more sureties, possessing the same qualifications required of sureties on bonds for the issuance of attachment, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such bond shall also discharge any garnishee from liability in said cause.
History:
C.L. 1897, § 2685 (225), added by Laws 1907, ch. 107, § 1 (225); Code 1915, § 4337; C.S. 1929, § 105-1640; 1941 Comp., § 22-130; 1953 Comp., § 26-1-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Motion to dissolve attachment does not lie after bond given.
Leusch v. Nickel
, 1911-NMSC-005, 16 N.M. 28, 113 P. 595.
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Answering to merits or giving bond for release of attachment as waiver of objections to attachment, 72 A.L.R. 120.
7 C.J.S. Attachment § 316.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-31 - [Answer denying truth of fact stated in attachment affidavit; trial of issue; decision.]

In all cases when properties or effects shall be attached, defendant may within the time limited in the writ of attachment, put in his answer, without oath, denying the truth of any material fact contained in the affidavit, to which the plaintiff may reply; and trial of the truth of the affidavit shall be had and on such trial the plaintiff shall be held to prove the existence of the facts denied, as set forth in the affidavit as the ground of attachment, and if the issue shall be found for plaintiff, the cause shall proceed, but if it be found for the defendant, the attachment shall be dismissed at the costs of plaintiff.
History:
C.L. 1897, § 2685 (201), added by Laws 1907, ch. 107, § 1 (201); Code 1915, § 4316; C.S. 1929, § 105-1619; 1941 Comp., § 22-131; 1953 Comp., § 26-1-31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Denial of affidavit's allegation puts case at issue.
— In proceeding under the territorial statute to test the truth of the allegations of an affidavit for attachment, the affidavit is the complaint in the case, and a simple denial of its truth puts the case at issue, and the trial proceeds before the court and jury as in other cases of law.
Talbott v. Randall
, 1885-NMSC-015, 3 N.M. (Gild.) 364, 5 P. 537;
Staab v. Hersch
, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (decided under former law).
Issue upon traverse of affidavit in attachment
is the existence of the stated ground for attachment, not affiant's belief of its existence, or good reason to so believe.
Mundil v. Hutson
, 1928-NMSC-034, 33 N.M. 388, 268 P. 566.
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-32 - [Issues found for defendant; attachment dismissed; properties released; suit unabated.]

In all cases commenced by attachment, in which the truth of the affidavit for attachment, or of any material allegation therein contained shall be denied, and the issue thus formed shall, upon the trial be found for the defendant, the attachment shall be dismissed and all property, rights, effects and credits held or affected thereby, or thereunder, shall be released and discharged from the operation thereof; but such dismissal of the attachment shall not abate the suit, but the same shall proceed as in ordinary cases.
History:
C.L. 1897, § 2685 (216), added by Laws 1907, ch. 107, § 1 (216); Code 1915, § 4326; C.S. 1929, § 105-1629; 1941 Comp., § 22-132; 1953 Comp., § 26-1-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Default judgment proper where defendant fails to plead to complaint.
— In an action of assumpsit (now ordinary action on contract), by attachment, on a demand due, where the defendant answered traversing the affidavit for attachment, but failed to plead to the declaration (now complaint), judgment by default was properly entered.
Ripley v. Astec Mining Co.
, 1892-NMSC-009, 6 N.M. 415, 28 P. 773 (decided under former law).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221.
Posting of redelivery bond by defendant in attachment as waiver of damages for wrongful attachment, 57 A.L.R.2d 1376.
Right to recover attorneys' fees for wrongful attachment, 65 A.L.R.2d 1426.
Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493.
7 C.J.S. Attachment §§ 284, 285, 394, 402, 403.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-33 - [Appeal from order discharging attachment; supersedeas.]

When an order or judgment discharging an attachment is rendered in the district court, and the party who obtained such attachment shall seek to have the proceedings, on the trial of the issue on the affidavit for the attachment or the action of the court in cases where such trial was not had, reviewed in the supreme court, he shall have the right to do so upon appeal or writ of error [as] in other cases. Upon his giving bond for a supersedeas, as in other cases, the lien of his attachment shall be preserved until the final review and determination of his right to his lien in the court of final appellate jurisdiction.
History:
C.L. 1897, § 2685 (223), added by Laws 1907, ch. 107, § 1 (223); Code 1915, § 4335; C.S. 1929, § 105-1638; 1941 Comp., § 22-133; 1953 Comp., § 26-1-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appellate jurisdiction of the supreme court,
see
N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978.
For appeals,
see
Rules 12-201 to 12-203 NMRA.
For supersedeas,
see
Rule 12-207 NMRA.
Order dissolving attachment interlocutory, not final judgment.
— An order dissolving an attachment which is made before final judgment is rendered in the main suit as to the indebtedness, is only an interlocutory order or decree, and is not a final judgment.
Machen v. Keeler
, 1902-NMSC-015, 11 N.M. 413, 68 P. 937 (decided under former law).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 Am. Jur. 2d Attachment and Garnishment §§ 319, 444, 529, 867.
Exercise of option to purchase, as dissolving attachment levied between giving and exercise of the option, 50 A.L.R. 1321.
Amendment of pleadings or the writ as ground for discharge of attachment, 74 A.L.R. 912.
Appeal as suspending dissolution of attachment, 115 A.L.R. 598.
Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640.
7 C.J.S. Attachment § 372.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-34 - [Appeal before final judgment.]

It shall not be necessary that a final judgment as to the indebtedness claimed by the plaintiff in attachment shall be rendered, before the questions arising on the attachment proceedings may be reviewed on appeal or writ of error, but such appeal or writ of error may be sued out either before or after rendition of judgment on the indebtedness sued for.
History:
C.L. 1897, § 2685 (224), added by Laws 1907, ch. 107, § 1 (224); Code 1915, § 4336; C.S. 1929, § 105-1639; 1941 Comp., § 22-134; 1953 Comp., § 26-1-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appellate jurisdiction of the supreme court,
see
N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978.
For interlocutory appeals,
see
Rule 12-203 NMRA.
Appeal to supreme court, either before or after judgment.
— This section allows appeal to the supreme court in attachment cases on the attachment issue, either before or after the rendition of the judgment on the indebtedness sued for.
First Nat'l Bank v. George
, 1920-NMSC-025, 26 N.M. 46, 189 P. 240.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640.
4 C.J.S. Appeal and Error §§ 122, 123.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-35 - [Judgment against sureties on bond given to discharge attachment.]

If upon the trial of said cause judgment shall be rendered against the defendant on the demand sued for, such judgment shall also be rendered against the sureties on said bond given for the discharge of said attachment; and the giving of said bond shall have the effect of conferring jurisdiction upon the court to render said judgment against the said sureties, for the amount of the damages recovered against the defendant, without further process or notice.
History:
C.L. 1897, § 2685 (226), added by Laws 1907, ch. 107, § 1 (226); Code 1915, § 4338; C.S. 1929, § 105-1641; 1941 Comp., § 22-135; 1953 Comp., § 26-1-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Judgment against sureties.
— When judgment by default is rendered against the defendant on the indebtedness sued on, judgment may be rendered against sureties on the bond.
Leusch v. Nickel
, 1911-NMSC-005, 16 N.M. 28, 113 P. 595.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-36 - [Sale of attached realty after judgment for plaintiff.]

If plaintiff receives judgment, any real estate belonging to defendant or right, title, estate or interest therein whether legal or equitable which has been attached may be sold to satisfy said judgment and the district court of the county in which said property is located shall upon application appoint a special master to sell the same, who shall publish notice of said sale describing the property to be sold, giving the time and place of sale, and the amount of plaintiff's judgment including interest and costs of suit.
History:
Laws 1939, ch. 159, § 6; 1941 Comp., § 22-136; 1953 Comp., § 26-1-36.
ANNOTATIONS
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Attachment or execution creditor as purchaser within rule that first of two purchasers to obtain possession will prevail, 21 A.L.R. 1031.
Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6.
7 C.J.S. Attachment §§ 281, 283.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-37 - [Sale of attached personalty after judgment for plaintiff.]

Any personal property belonging to the defendant or right, title or interest therein legal or equitable which has been attached may be sold under an execution issued on such attachment as in other cases of ordinary execution to satisfy plaintiff's judgment.
History:
Laws 1939, ch. 159, § 7; 1941 Comp., § 22-137, 1953 Comp., § 26-1-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 C.J.S. Attachment §§ 281, 283.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-38 - [Ancillary attachments; affidavit; bond; writ.]

In any civil suit, when the summons against the defendant has been returned, executed, the plaintiff, his agent or attorney, may, at any time, before judgment, file an affidavit with the clerk of the court in which the suit is pending, and give bond with security as in cases of original attachments; and thereupon the clerk must issue an attachment, returnable as in other cases of original attachments.
History:
C.L. 1897, § 2685 (214), added by Laws 1907, ch. 107, § 1 (214); Code 1915, § 4324; C.S. 1929, § 105-1627; 1941 Comp., § 22-143; 1953 Comp., § 26-1-43.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 C.J.S. Attachment §§ 2, 368.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 9 - Attachment › Section 42-9-39 - [Procedure in suit containing ancillary attachment.]

In all cases when attachments are sued out ancillary to the original suit, the suit must thereafter proceed in all respects as if it had been commenced originally by attachment.
History:
C.L. 1897, § 2685 (215), added by Laws 1907, ch. 107, § 1 (215); Code 1915, § 4325; C.S. 1929, § 105-1628; 1941 Comp., § 22-144; 1953 Comp., § 26-1-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Ancillary attachment is proceeding in aid of personal action
where the debtor has been served or has appeared in court so as to be liable to a personal judgment.
S. Cal. Fruit Exch. v. Stamm
, 1898-NMSC-008, 9 N.M. 361, 54 P. 345;
Staab v. Hersch
, 1884-NMSC-018,3 N.M. (Gild.) 209, 3 P. 248 (decided under former law).
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-2 - Repealed.

History:
1953 Comp., § 24-5-2, enacted by Laws 1971, ch. 215, § 2; 1979, ch. 182, § 2; 1981, ch. 113, § 2; 1983, ch. 69, § 2; 1978 Comp., § 42-10-2, repealed by Laws 2023, ch. 104, § 12.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 104, § 12 repealed 42-10-2 NMSA 1978, as enacted by Laws 1971, ch. 215, § 2, relating to exemptions of persons who support only themselves, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-4 - Benevolent associations; benefits.

Any beneficiary fund not exceeding fifty thousand dollars ($50,000) set apart, appropriated or paid by any benevolent association or society, according to its rules, regulations or bylaws, to the family of any deceased member or to any member of the deceased member's family, shall not be liable to be taken by any process or proceedings, legal or equitable, to pay any debts of the deceased member.
History:
Laws 1887, ch. 37, § 7; C.L. 1897, § 1741; Code 1915, § 2315; C.S. 1929, § 48-105; 1941 Comp., § 21-504; 1953 Comp., § 24-5-4; 1978 Comp., § 42-10-4; 2023, ch. 104, § 5.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, raised the exemption amount from five thousand dollars to fifty thousand dollars for beneficiary funds; added the section heading "Benevolent associations; benefits"; and after "not exceeding", changed "five" to "fifty", after "dollars", added "($50,000)", and after "to any member of", deleted "such" and added "the deceased member's".
Applicability.
— Laws 2023, ch. 104, § 13 provided that the provisions of Laws 2023, ch. 104 apply to actions filed on or after July 1, 2023.
Law reviews.
— For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Construction and effect of statutory exemptions of proceeds of workmen's compensation awards, 31 A.L.R.3d 532.
Validity, construction and effect of statutory exemptions of proceeds of workers' compensation awards, 48 A.L.R.5th 473.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-5 - [Life insurance proceeds.]

The proceeds of any life insurance are not subject to the debts of the deceased, except by special contract or arrangement, to be made in writing.
History:
C.L. 1884, § 1422, substituted by Laws 1889, ch. 90, § 21; C.L. 1897, § 2042; Code 1915, § 2316; C.S. 1929, § 48-106; 1941 Comp., § 21-505; 1953 Comp., § 24-5-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1889, ch. 90, § 21 commenced as follows: "Sections 1410 to 1422, both inclusive, of the Compiled Laws of 1884, are repealed, and the following sections, bearing the same numbers respectively, are hereby substituted in place of said repealed sections:" and then set out sections numbered §§ 1410 to 1422. The provisions of said § 1422, as set out in the 1889 law, are set out in the text of the present section.
Compiled Laws 1884, § 1422 being Laws 1871-1872, ch. 17, § 1, read: "When either the husband or wife dies without legitimate children the one surviving shall be heir to all the acquired property of the marriage community."
Indemnification for funeral expenses permitted.
— This section would not prevent provision in a life insurance contract authorizing the insurance company to pay to any person who was subjected to expense incident to the burial of the deceased a sum equal to the money thus expended. 1948 Op. Att'y Gen. No. 48-5164.
Law reviews.
— For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31 Am. Jur. 2d Exemptions §§ 179 to 182, 184 to 188, 190 to 194, 198.
Right, with respect to exempt proceeds of life insurance, of one whose funds have been wrongfully used to pay premiums, 24 A.L.R. 672.
Assignee of insurance policy, exemption of proceeds available to, 1 A.L.R.2d 1031.
Endowment policy as life insurance within exemption law, 30 A.L.R.2d 751.
35 C.J.S. Exemptions §§ 39 to 42.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-6 - Personal property used as a security under the Uniform Commercial Code is not exempt.

A secured creditor who has personal property of the debtor as security as provided by the Uniform Commercial Code [Chapter 55 NMSA 1978] may proceed according to the terms of the security instrument and the Uniform Commercial Code. The debtor cannot exempt personal property given to a secured creditor as security unless there be more property than is necessary to pay the debt to the secured creditor. The debtor may claim an exemption out of the surplus.
History:
1953 Comp., § 24-5-6, enacted by Laws 1971, ch. 215, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 215, § 3, repealed 24-5-6, 1953 Comp., relating to exemptions for draymen and heads of family engaged in agriculture or medicine, and enacted a new section.
Federal lien avoidance provision superior to section.
— The lien avoidance provision of the federal Bankruptcy Code takes priority over this section in a bankruptcy proceeding.
Yparrea v. Roswell Prod. Credit Ass'n
, 16 Bankr. 33 (Bankr. D.N.M. 1981).
Law reviews.
— For note, "Debtor Exemptions in New Mexico," see 6 Nat. Resources J. 467 (1966).
For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31 Am. Jur. 2d Exemptions § 31.
Farmer as within description of persons entitled to protection of debtor's exemption statute, 107 A.L.R. 614.
35 C.J.S. Exemptions §§ 27 to 30, 47.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-7 - Taxes excepted.

Sections 42-10-1 through 42-10-7 NMSA 1978 are not applicable to taxes.
History:
1953 Comp., § 24-5-7, enacted by Laws 1971, ch. 215, § 4; 1978 Comp., § 42-10-7; 2023, ch. 104, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 215, § 4, repealed 24-5-7, 1953 Comp., relating to exemptions for head of family engaged in law practice, and enacted a new section.
The 2023 amendment,
effective July 1, 2023, removed a provision that provided Chapter 42, Article 10 NMSA 1978 is not applicable to garnishment; in the section heading deleted "and garnishment"; and changed "This article is" to "Sections 42-10-1 through 42-10-7 are", and after "taxes", deleted "or garnishment".
Applicability.
— Laws 2023, ch. 104, § 13 provided that the provisions of Laws 2023, ch. 104 apply to actions filed on or after July 1, 2023.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Family allowance from decedent's estate as exempt from attachment, garnishment, execution, and foreclosure, 27 A.L.R.3d 863.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-10 - Exemption in lieu of homestead.

Any resident of this state who does not own a homestead shall in addition to other exemptions hold exempt real or personal property in the amount of fifteen thousand dollars ($15,000) in lieu of the homestead exemption.
History:
1953 Comp., § 24-6-2, enacted by Laws 1971, ch. 215, § 7; 1978 Comp., § 42-10-10; 1979, ch. 9, § 2; 1979, ch. 182, § 4; 2007, ch. 95, § 2; 2023, ch. 104, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 215, § 7, repealed 24-6-2, 1953 Comp., relating to the homestead exemption for persons owning the superstructure of a dwelling house, but not the land, and lessees, and enacted a new section.
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
The 2023 amendment,
effective July 1, 2023, increased the exemption for people who do not own a homestead from five thousand dollars to fifteen thousand dollars; after "property in the amount of", deleted "five thousand dollars ($5,000)" and added "fifteen thousand dollars ($15,000)"; and deleted Subsection B.
Applicability.
— Laws 2023, ch. 104, § 13 provided that the provisions of Laws 2023, ch. 104 apply to actions filed on or after July 1, 2023.
The 2007 amendment,
effective June 15, 2007, increased the exemption in lieu of homestead from $2,000 to $5,000.
The 1979 amendment,
designated the previously undesignated paragraph as Subsection A; substituted "shall" for "may" preceding "in addition to" near the middle of Subsection A; added Subsection B; and substituted "two thousand dollars ($2,000)" for "one thousand dollars ($1,000)" near the end of Subsection A.
Constitutionality.
— The post-judgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing.
Aacen v. San Juan Cnty. Sheriff's Dep't
, 944 F.2d 691 (10th Cir. 1991).
Effect of creation of exemptions.
— By creating exemptions from execution, New Mexico has granted judgment debtors a property interest in retaining their exempt property. While the state need not grant such exemptions, once given, the property rights they create are entitled to due process protection.
Aacen v. San Juan Cnty. Sheriff's Dep't
, 944 F.2d 691 (10th Cir. 1991).
Law reviews.
— For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 C.J.S. Exemptions §§ 7, 39, 56, 88, 138.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-11 - When homestead exemption does not apply.

The provisions of this article [42-10-9 to 42-10-12 NMSA 1978] do not apply or extend to taxes, garnishment, recorded liens of mortgagees or lessors or recorded liens of laborers or materialmen for labor or materials furnished for the construction or repair of the dwelling house.
History:
1953 Comp., § 24-6-3, enacted by Laws 1971, ch. 215, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 215, § 8, repealed 24-6-3, 1953 Comp., relating to exemption of decedent's realty, and enacted a new section.
Law reviews.
— For article, "The Perils of Intestate Succession in New Mexico and Related Will Problems," see 7 Nat. Resources J. 555 (1967).
For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)", see 10 N.M.L. Rev. 431 (1980).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-13 - Claim of exemption or priority.

A. Any person desiring to claim that property is exempt from execution or garnishment or is subject to execution only after other property is used to satisfy a debt under the provisions of Sections 40-3-10 and 40-3-11 NMSA 1978 shall file a claim of exemption or priority in the appropriate court; provided that the time to file that claim of exemption shall not be less than ten days after the filing of a writ of execution as set forth in New Mexico Rule of Civil Procedure 1-065.1 [1-065.1 NMRA].
B. A notice of the right to claim exemption to garnishment, execution, levy, attachment or foreclosure or a form to file or claim that exemption shall be provided by the creditor to the person whose property is subject to garnishment, execution, levy, attachment or foreclosure, and that notice shall contain a complete list of exemptions provided by the law.
History:
1953 Comp., § 24-7-1, enacted by Laws 1975, ch. 246, § 1; 1978 Comp., § 42-10-13; 2023, ch. 104, § 9.
ANNOTATIONS
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
The 2023 amendment,
effective July 1, 2023, included garnishment within the exemption provisions, provided that the time to file a claim of exemption or priority shall not be less than ten days after the filing of a writ of execution, and required the creditor to provide a notice of the right to claim an exemption or a form to file or claim that exemption to the person whose property is subject to garnishment, execution, levy, attachment or foreclosure; in Subsection A, after the first occurrence of "execution", added "or garnishment", and after "appropriate court", deleted "or the right to claim such exemption is waived as between a spouse and the creditor" and added "provided that the time to file that claim of exemption shall not be less than ten days after the filing of a writ of execution as set forth in New Mexico Rule of Civil Procedure 1-065.1"; and added Subsection B.
Applicability.
— Laws 2023, ch. 104, § 13 provided that the provisions of Laws 2023, ch. 104 apply to actions filed on or after July 1, 2023.
Constitutionality.
— The post-judgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing.
Aacen v. San Juan Cnty. Sheriff's Dep't
, 944 F.2d 691 (10th Cir. 1991).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 10 - Exemptions › Section 42-10-14 - Cost-of-living adjustments.

A. On July 1, 2025, and at each two-year interval ending on July 1 thereafter, each dollar amount provided for in Sections 35-12-18, 42-10-1, 42-10-4, 42-10-9 and 42-10-10 NMSA 1978 shall be adjusted to reflect the change in the consumer price index for all urban consumers as published by the United States department of labor for the most recent two-year period ending immediately before such January 1 preceding such July 1. The administrative office of the courts shall publish any adjustments to the exemptions in Sections 35-12-18, 42-10-1, 42-10-4, 42-10-9 and 42-10-10 NMSA 1978 every two years on July 1, beginning July 1, 2025. The dollar amount shall be adjusted to the twenty-five-dollar ($25.00) increment nearest to the dollar amount that represents such change.
B. Adjustments made in accordance with Subsection A of this section shall not apply to legal proceedings commenced prior to the date of such adjustments.
History:
1978 Comp., § 42-10-14, enacted by Laws 2023, ch. 104, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 104, § 14 made Laws 2023, ch. 104, § 10 effective July 1, 2023.
Applicability.
— Laws 2023, ch. 104, § 13 provided that the provisions of Laws 2023, ch. 104 apply to actions filed on or after July 1, 2023.
Exemption for furniture.
— This section does not set a dollar limit on furniture so that a lien on furniture may be avoided under the federal bankruptcy law regardless of amount, provided that the furniture falls within the bankruptcy statute.
Reid v. ITT Fin. Servs
., 121 Bankr. 875 (Bankr. D.N.M. 1990).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 13 - Equine Liability › Section 42-13-1 - Short title.

This act [42-13-1 NMSA 1978] may be cited as the "Equine Liability Act".
History:
Laws 1993, ch. 117, § 1.
ANNOTATIONS
Cross references.
— For prohibition on unlawful tripping of a horse,
see
30-18-11 NMSA 1978.
Effective dates.
— Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 13 - Equine Liability › Section 42-13-2 - Legislative purpose and findings.

The legislature recognizes that persons who participate in or observe equine activities may incur injuries as a result of the numerous inherent risks involved in such activities. The legislature also finds that the state and its citizens derive numerous personal and economic benefits from such activities. It is the purpose of the legislature to encourage owners, trainers, operators and promoters to sponsor or engage in equine activities by providing that no person shall recover for injuries resulting from the risks related to the behavior of equine animals while engaged in any equine activities.
History:
Laws 1993, ch. 117, § 2.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
Purpose of Act.
— The Equine Liability Act was written to balance the sometimes competing interests of equine operators and their patrons.
Berlangieri v. Running Elk Corp.
, 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
Liability releases disallowed.
— The policy generally expressed in the Equine Liability Act and other factors trigger the public policy exception to the general rule that liability releases for negligence are enforceable.
Berlangieri v. Running Elk Corp.
, 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
Disallowing liability releases for negligence furthers the purposes of the Equine Liability Act as expressed in this section.
Berlangieri v. Running Elk Corp.
, 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 13 - Equine Liability › Section 42-13-3 - Definitions.

As used in the Equine Liability Act:
A. "equine" means a llama, horse, pony, mule, donkey or hinny;
B. "equine activities" means:
(1) equine shows, fairs, competitions, rodeos, gymkhanas, performances or parades that involve any or all breeds of equines and any of the equine disciplines;
(2) training or teaching activities;
(3) boarding equines;
(4) riding an equine belonging to another whether or not the owner has received some monetary consideration or other thing of equivalent value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;
(5) rides, shows, clinics, trips, hunts or other equine occasions of any type, however informal or impromptu, connected with any equine or nonequine group or club; and
(6) equine racing;
C. "behavior of equine animals" means the propensity of an equine animal to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons;
D. "llama" means a South American camelid that is an animal of the genus lama, including llamas, alpacas, guanacos and vicunas; and
E. "rider" means a person, whether amateur or professional, who is engaged in an equine activity.
History:
Laws 1993, ch. 117, § 3; 1995, ch. 193, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, inserted "llama" in Subsection A, substituted "gymkhanas" for "gymkhana" in Subsection B, deleted "and" at the end of Subsection C, added Subsection D, and redesignated former Subsection D as Subsection E.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 13 - Equine Liability › Section 42-13-5 - Posting of notice.

Operators, owners, trainers and promoters of equine activities or equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs and arenas, and persons engaged in instructing or renting equine animals shall post clearly visible signs at one or more prominent locations that shall include a warning regarding the inherent risks of the equine activity and the limitations on liability of the operator, owner, trainer or promoter.
History:
Laws 1993, ch. 117, § 5.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 14 - Right to Repair › Section 42-14-1 - Short title.

This act [42-14-1 to 42-14-3 NMSA 1978] may be cited as the "Right to Repair Act".
History:
Laws 2023, ch. 200, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 200, § 4 made Laws 2023, ch. 200, § 1 effective July 1, 2023.