2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-17 - [Execution of foreign judgment based upon confession of judgment prohibited.]

No execution, or other process, shall be issued out of any court in this state to aid or enforce the collection of any judgment which may be rendered upon any judgment taken in any other state, or foreign country, and which judgment was founded or based upon any negotiable instrument, or contract, containing any such agreement, stipulation, or provision, as herein prohibited and declared void, in all cases where the court rendering such foreign judgment, obtained or attempted to obtain, jurisdiction of such judgment debtor or debtors, in whole or in part, by virtue of any such contract, agreement, or stipulation, as in this act [39-1-16, 39-1-17 NMSA 1978] declared void and prohibited. No such judgment shall be or become a lien upon real estate.
History:
Laws 1933, ch. 46, § 2; 1941 Comp., § 19-917; 1953 Comp., § 21-9-17.
ANNOTATIONS
Temporary provisions.
— Laws 1933, ch. 46, § 3, provides that nothing contained in the act is to be so construed as to affect pending litigation.
Execution to aid foreign cognovit judgment prohibited.
— Execution or other process to aid or enforce a foreign judgment obtained under cognovit provisions is prohibited and no such judgment shall be or become a lien upon real estate.
Mountain States Fixture Co. v. Daskalos
, 1956-NMSC-109, 61 N.M. 491, 303 P.2d 698.
Provisions not to be offensive to full faith and credit.
— Sections 39-1-16 to 39-1-18 NMSA 1978 may not be construed or administered in a manner offensive to U.S. Const., art. IV, § 1, providing full faith and credit shall be given in each state to the judicial proceedings of every other state.
Mountain States Fixture Co. v. Daskalos
, 1956-NMSC-109, 61 N.M. 491, 303 P.2d 698.
Procedure authorized in note gave Colorado court jurisdiction.
— The procedure authorized under cognovit provisions contained in a promissory note executed in this state and payable in Colorado, in connection with a contract made and to be performed in Colorado, is sufficient to give the Colorado court jurisdiction over the defendants in an action upon the promissory note.
Mountain States Fixture Co. v. Daskalos
, 1956-NMSC-109, 61 N.M. 491, 303 P.2d 698.
Even though portion of contract illegal.
— Contracting parties may agree to be bound by the laws of the state of the residence of one of them where the contract was to be performed, although some portion of their agreement is illegal where executed and under the law of the forum where suit is brought.
Mountain States Fixture Co. v. Daskalos
, 1956-NMSC-109, 61 N.M. 491, 303 P.2d 698.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Judgments § 954.
Judgment entered in sister state under warrant of attorney to confess judgment, 40 A.L.R. 441, 39 A.L.R.2d 1232.
Necessity in action on judgment of sister state confessed under warrant of attorney, of alleging and proving the law of the latter state permitting such judgment, 155 A.L.R. 921.
Necessity that the transcript of a judgment of another state upon a cognovit under warrant of attorney shall include the cognovit and the note containing the alleged warrant of attorney, 162 A.L.R. 685.
What law governs validity of warrant or power of attorney to confess judgment, 19 A.L.R.2d 544.
Validity and enforceability of judgment entered in sister state under a warrant of attorney to confess judgment, 39 A.L.R.2d 1232.
Judgment of court of foreign country as entitled to enforcement or extraterritorial effect in state court, 13 A.L.R.4th 1109.
Validity, construction, and application of Uniform Enforcement of Foreign Judgments Act, 31 A.L.R.4th 706.
Construction and application of Uniform Foreign Money-Judgments Recognition Act, 88 A.L.R.5th 545.
50 C.J.S. Judgments § 889.