reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-6.1 - Judgment liens; release; penalties.

When any judgment giving rise to a subsisting lien pursuant to Section 39-1-6 NMSA 1978 upon any real estate in the state has been fully satisfied, it is the duty of the judgment creditor to file a release of the lien in the office of the county clerk of the county in which the real estate is situate. The cost of filing the release of lien shall be assessed against the judgment debtor and shall be collected before the release of lien is required to be filed.
History:
Laws 1985, ch. 165, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments § 408.
49 C.J.S. Judgments § 500.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-6.2 - Judgment debts; discharge.

A. All judgments and decrees for payment of money rendered in the courts of this state and which have become final may be satisfied, if the judgment creditor cannot be found after a diligent search, by payment of the full amount of such judgment or decree, with interest thereon to date of payment, plus any post-judgment costs incurred by the judgment creditor which can be determined from the court record and the costs of court for receiving into and paying the money out of the registry of the court.
B. Upon such payment, the clerk, or the judge if there is no clerk, shall issue a receipt therefor and shall enter a satisfaction of such judgment in the record, and shall formally notify the judgment creditor of such judgment or decree, if known; and upon the request therefor, shall pay over to the judgment creditor, or to his order, the full amount of the judgment, costs and interest collected.
C. Full payment of judgments and decrees pursuant to Subsections A and B of this section shall constitute full satisfaction thereof, and any lien created by such judgment or decree shall thereupon be satisfied and discharged.
D. Unclaimed funds in the court registry shall be disposed of pursuant to the Uniform Disposition of Unclaimed Property Act, Sections 7-8-1 through 7-8-34 NMSA 1978.
E. Unclaimed funds in the court registry shall be deposited in an interest-bearing account at an institution acceptable to the court. Interest on such funds shall accrue to the benefit of any person found entitled to claim the funds.
History:
Laws 1985, ch. 150, § 1.
ANNOTATIONS
Compiler's notes.
— The Uniform Disposition of Unclaimed Property Act, 7-8-1 to 7-8-34 NMSA 1978, referred to in Subsection D, was repealed in 1997. Comparable sections are compiled as Chapter 7, Article 8A NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Judgments § 1019.
49 C.J.S. Judgments § 551.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-7 - Transcript; judgment records.

Transcripts of judgments shall be recorded in the county clerk's records. Any recording method used by a county clerk prior to July 1, 1983 in which transcripts of judgments were officially and properly recorded in the county clerk's records are validated and confirmed.
History:
Laws 1891, ch. 67, § 2; C.L. 1897, § 3070; Code 1915, § 3080; C.S. 1929, § 76-111; 1941 Comp., § 19-907; 1953 Comp., § 21-9-7; Laws 1966, ch. 28, § 33; 1983, ch. 89, § 2; 1983, ch. 169, § 1.
ANNOTATIONS
Statute requirements for lien to be met.
— As the lien for a money judgment herein provided does not exist at common law it operates only by reason of statute and does not become applicable until the requirements of the statute have been met.
Pugh v. Heating & Plumbing Fin. Corp.
, 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.
Where judgment not docketed no lien created.
— Whether a judgment becomes a lien depends upon whether the required steps of the section are taken, and where the judgment is not docketed, but a transcript only is filed in the office of the county clerk, it does not create a lien.
Breece v. Gregg
, 1932-NMSC-038, 36 N.M. 246, .
Lien exists from date of filing not date of recording.
— A money judgment does not carry with it a lien against the real estate of a judgment debtor, and a lien exists only from the date of filing the transcript in the office of the county clerk, and not from the date of recording.
Kaseman v. Mapel
, 1921-NMSC-020, 26 N.M. 639, 195 P. 799.
Transcripts of judgment secured from district court clerk
can be submitted to the county clerk for recording under the provisions of this section and the county clerk can record the same by making a photostatic copy of said transcript. 1956 Op. Att'y Gen. No. 56-6528.
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.
— 46 Am. Jur. 2d Judgments §§ 121, 368.
Mere rendition or formal entry or docketing of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162.
49 C.J.S. Judgments §§ 122, 126, 127, 463.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-8 - Transcript of judgment; contents; fee for issuance.

A. The transcript of judgment issued by the clerks of the supreme court, court of appeals, district courts and metropolitan courts shall show:
(1) the names of the parties;
(2) the number and nature of the case;
(3) the court in which judgment was rendered;
(4) the date of judgment, amount of damages, amount of costs, total amount of judgment and date of docket;
(5) the attorney for the creditor;
(6) issuance and return of executions, if any; and
(7) satisfaction of judgment when paid.
History:
Laws 1891, ch. 67, § 3; C.L. 1897, § 3071; Code 1915, § 3081; C.S. 1929, § 76-113; 1941 Comp., § 19-908; 1953 Comp., § 21-9-8; Laws 1966, ch. 28, § 34; 1983, ch. 89, § 3.
ANNOTATIONS
Compiler's notes.
— The title of Laws 1939, ch. 179, provided for the amendment of this section, but the body of the act contained no reference to this provision.
There is no Subsection B in this section as it appears in the 1983 act.
The catchline to this section, as amended in 1983, refers to "fee for issuance," but there is no such provision contained in the section.
Statutory requirements as to docket and record are directory.
Cannon v. First Nat'l Bank
, 1930-NMSC-087, 35 N.M. 193, 291 P. 924.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments § 144.
49 C.J.S. Judgments § 125.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-9 - [Confession of judgments; entry.]

Judgment by confession, without action, may be entered by the clerk of the district courts in this state in term time or in vacation, in the manner hereinafter prescribed.
History:
Laws 1889, ch. 20, § 1; C.L. 1897, § 3077; Code 1915, § 3071; C.S. 1929, § 76-102; 1941 Comp., § 19-909; 1953 Comp., § 21-9-9.
ANNOTATIONS
Cross references.
— For partner not authorized to confess judgment for partnership,
see
54-1-9 NMSA 1978.
For prohibition against confessed judgments in retail installment sales,
see
56-1-5 NMSA 1978.
Cognovit statute held not to abrogate warrant of attorney.
— The cognovit statute (39-1-9 to 39-1-15 NMSA 1978) does not cover the same field as that occupied by the common-law practice of taking judgments upon warrant of attorney, and does not impliedly or otherwise abrogate such practice.
First Nat'l Bank v. Baker
, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
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.
— 46 Am. Jur. 2d Judgments § 228 et seq.
Necessity that warrant of attorney to confess judgment state amount, 7 A.L.R. 735.
Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.
Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 A.L.R. 403.
Validity and effect of cognovit or warrant of attorney to confess judgment in conditional sale contract, 89 A.L.R. 1106.
What law governs validity of warrant or power of attorney to confess judgment, 19 A.L.R.2d 544.
Payment by obligor on note or other instrument containing warrant of attorney to confess judgment as the contending time within which power to confess may be exercised, 35 A.L.R.2d 1452.
Validity and enforceability of judgment entered in sister state under a warrant of attorney to confess judgment, 39 A.L.R.2d 1232.
Necessity, in order to enter judgment by confession on instrument containing warrant of attorney, that original note or other instrument and original warrant be produced or filed, 68 A.L.R.2d 1156.
Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.
Requirements as to signing, sealing and attestation of warrants of attorney to confess judgments, 3 A.L.R.3d 1147.
Enforceability of warrant of attorney to confess judgment against assignee, guarantor or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.
49 C.J.S. Judgments §§ 160, 165.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-10 - [Subject of judgment by confession.]

Such confession can be only for money due, or to become due, or to secure a person against contingent liabilities on behalf of the defendant and must be for a specified sum.
History:
Laws 1889, ch. 20, § 2; C.L. 1897, § 3078; Code 1915, § 3072; C.S. 1929, § 76-103; 1941 Comp., § 19-910; 1953 Comp., § 21-9-10.
ANNOTATIONS
Only pleading verified statement of defendant.
— This section provides for taking judgment without any action pending, which is to be entered by the clerk without the knowledge or direction of the judge, and the only pleading contemplated is a verified written statement, signed by defendant, which is filed and entered by the clerk.
First Nat'l Bank v. Baker
, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments § 230.
49 C.J.S. Judgments §§ 138 to 141.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-11 - [Form of confession of judgment.]

A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk:
A. if for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due, as the case may be;
B. if for the purpose of securing the plaintiff against a contingent liability, it must state fully but concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same.
History:
Laws 1889, ch. 20, § 3; C.L. 1897, § 3079; Code 1915, § 3073; C.S. 1929, § 76-104; 1941 Comp., § 19-911; 1953 Comp., § 21-9-11.
ANNOTATIONS
Evidence to overcome recitals of judgment.
— Where judgment had been entered on cognovit note signed by defendant, but ex parte affidavit of county clerk setting forth docket entries in the case did not show filing of note, such facts were insufficient to overcome the recitals of the judgment on motion to set aside the judgment.
Hot Springs Nat'l Bank v. Kenney
, 1935-NMSC-066, 39 N.M. 428, 48 P.2d 1029.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments § 237 et seq.
49 C.J.S. Judgments §§ 159, 163, 171.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-12 - Record and transcript of judgment by confession; execution.

The clerk shall record the confession of judgment in his court record for such county and shall issue the transcript of judgment or execution as in other cases or as may be stipulated between the parties pursuant to Section 39-1-13 NMSA 1978.
History:
Laws 1889, ch. 20, § 4; C.L. 1897, § 3080; Code 1915, § 3074; C.S. 1929, § 76-105; 1941 Comp., § 19-912; 1953 Comp., § 21-9-12; Laws 1983, ch. 89, § 4.
ANNOTATIONS
Confession judgment held not to abrogate warrant of attorney.
— This section does not cover the same field as that occupied by the common-law practice of taking judgments on warrant of attorney, and does not abrogate such practice.
First Nat'l Bank v. Baker
, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Judgments § 121 et seq.
49 C.J.S. Judgments §§ 122, 126, 127, 164, 165, 463.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-13 - [Conditions to stay execution of judgment by confession.]

Any defendant so confessing judgment, may attach such condition or conditions thereto as to stay of execution, not to exceed one year, as the beneficiary may agree to by signing the same.
History:
Laws 1889, ch. 20, § 5; C.L. 1897, § 3081; Code 1915, § 3075; C.S. 1929, § 76-106; 1941 Comp., § 19-913; 1953 Comp., § 21-9-13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 C.J.S. Judgments §§ 136, 146, 531.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-14 - [Effect of confessed judgment; transcripts filed in other counties; liens.]

Such judgment, when so filed, recorded and docketed, shall have all the binding force and effect that judgments obtained in the regular manner have by law in said courts, as to being liens upon real estate of such defendant, and otherwise. And the beneficiary, under such judgment, shall have the same right to file transcripts thereof in other counties to be a lien upon the real estate of such defendant, as any plaintiff has, under the law, in like manner, filing a certified transcript thereof in the office of the county clerk of such other county or counties.
History:
Laws 1889, ch. 20, § 6; C.L. 1897, § 3082; Code 1915, § 3076; C.S. 1929, § 76-107; 1941 Comp., § 19-914; 1953 Comp., § 21-9-14.
ANNOTATIONS
Practice of warrant of attorney not abrogated.
— This section does not cover the same field as that occupied by the common-law practice of taking judgments on warrant of attorney, and does not abrogate such practice.
First Nat'l Bank v. Baker
, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments §§ 228 et seq., 360 et seq.
49 C.J.S. Judgments §§ 168, 463, 471.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-15 - [Affidavit of good faith.]

No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in Section 39-1-11 NMSA 1978, an affidavit setting forth that the same is made in good faith to secure such beneficiary in debt or contingent liability justly due in the sum thus confessed or necessarily entered into, and not with the intention of defrauding any of such defendant's creditors.
History:
Laws 1889, ch. 20, § 8; C.L. 1897, § 3084; Code 1915, § 3078; C.S. 1929, § 76-109; 1941 Comp., § 19-915; 1953 Comp., § 21-9-15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments § 262.
49 C.J.S. Judgments § 146.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-20 - Execution after judgment.

An execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment.
History:
Laws 1887, ch. 61, § 2; C.L. 1897, § 3086; Code 1915, § 3086; C.S. 1929, § 76-118; 1941 Comp., § 19-920; 1953 Comp., § 21-9-20; Laws 1965, ch. 282, § 2; 1971, ch. 122, § 2.
ANNOTATIONS
Cross references.
— For execution and foreclosure generally,
see
39-4-1 NMSA 1978 et seq.
For attachment and garnishment generally,
see
42-9-1 NMSA 1978 et seq.
For stay of proceedings to enforce a judgment,
see
Rule 1-062 NMRA.
For supplementary judgment proceedings,
see
Rule 1-069 NMRA.
Revival of judgment.
— Section 39-1-20 NMSA 1978 prohibits execution on a judgment more than seven years after its issuance or revival. Plaintiff is free to pursue his execution remedy through a different procedure. Nothing in Section 39-1-20 NMSA 1978 prohibits a judgment creditor from seeking execution following revival under Section 37-1-2 NMSA 1978.
Fischoff v. Tometich
, 1991-NMCA-144, 113 N.M. 271, 824 P.2d 1073.
Scire facias to revive judgment is included in word "action"
in this section.
Browne v. Chavez
, 181 U.S. 68, 21 S. Ct. 514, 45 L. Ed. 752 (1901) (decided under former law).
Claim of exemption not effective under second execution.
— A claim of exemption made under an original execution did not remain effective to prevent a sale under a second or alias execution.
Meyers Co. v. Mirabal
, 1921-NMSC-098, 27 N.M. 472, 202 P. 693.
Foreign judgments later domesticated.
— Actions to domesticate a foreign judgment are governed by 37-1-2 NMSA 1978 and as such these actions must be brought within the applicable period of limitation for foreign judgments. Accordingly, a 1989 judgment on the domestication issue converted the foreign judgment into a New Mexico judgment from which date the applicable state statutes of limitations commenced running. Plaintiff's 1992 action for a charging order based on the 1989 judgment satisfied the three alternative state statutes of limitations (37-1-4, 39-1-20, 37-1-2 NMSA 1978) and does not force a decision on the "correct" statute.
Galef v. Buena Vista Dairy
, 1994-NMCA-068, 117 N.M. 701, 875 P.2d 1132.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Part payment or promise to pay judgment as affecting time for execution, 45 A.L.R.2d 967.
49 C.J.S. Judgments §§ 585, 586.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-1 - Short title.

This act [39-1A-1 to 39-1A-7 NMSA 1978] may be cited as the "Structured Settlement Protection Act".
History:
Laws 2005, ch. 135, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
Cross references.
— For motor vehicle accident settlement agreements,
see
66-5-210 NMSA 1978.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-3 - Required disclosures to payee.

At least three days before the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type at least fourteen points in size, that states:
A. the amounts and due dates of the structured settlement payments to be transferred;
B. the aggregate amount of the payments;
C. the discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value;
D. the gross advance amount;
E. an itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of those expenses;
F. the net advance amount;
G. the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
H. a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the close of the third business day after the date the agreement is signed by the payee.
History:
Laws 2005, ch. 135, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-4 - Approval of transfers of structured settlement payment rights.

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:
A. the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
B. the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and
C. the transfer does not contravene any applicable statute or an order of any court or other governmental authority.
History:
Laws 2005, ch. 135, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-5 - Effects of transfer of structured settlement payment rights.

Following a transfer of structured settlement payment rights pursuant to the Structured Settlement Protection Act:
A. the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
B. the transferee shall be liable to the structured settlement obligor and the annuity issuer:
(1) for any taxes incurred by the parties as a consequence of the transfer if the transfer contravenes the terms of the structured settlement; and
(2) for any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act;
C. the transferee shall be liable to the payee:
(1) if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the payee as a consequence of the transfer; and
(2) for any other liabilities or costs, including reasonable costs and attorney fees, arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act;
D. neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
E. any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of the Structured Settlement Protection Act.
History:
Laws 2005, ch. 135, § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-6 - Procedure for approval of transfers.

A. An application under the Structured Settlement Protection Act for approval of a transfer of structured settlement payment rights shall be made by the transferee and shall be brought in court.
B. At least twenty days before the date of the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 4 [39-1A-4 NMSA 1978] of the Structured Settlement Protection Act, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization, including with the notice:
(1) a copy of the transferee's application;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required under Section 3 [39-1A-3 NMSA 1978] of the Structured Settlement Protection Act;
(4) a listing of each of the payee's dependents, together with each dependent's age;
(5) notice that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and
(6) notice of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed to be considered by the court.
C. Written responses to the application under Paragraph (6) of Subsection B of this section shall be filed on or before the fifteenth day after the date the transferee's notice is served.
History:
Laws 2005, ch. 135, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1A - Structured Settlement Protection Act › Section 39-1A-7 - General provisions; construction.

A. The provisions of the Structured Settlement Protection Act shall not be waived by any payee.
B. Any transfer agreement entered into by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. The transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
C. Transfer of structured settlement payment rights shall not extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for:
(1) periodically confirming the payee's survival; and
(2) giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee's death.
D. A payee who proposes to make a transfer of structured settlement payment rights shall not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of the Structured Settlement Protection Act.
E. Nothing contained in the Structured Settlement Protection Act may be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into before July 1, 2005 is valid or invalid.
F. Compliance with the requirements in Section 3 [39-1A-3 NMSA 1978] of the Structured Settlement Protection Act and fulfillment of the conditions in Section 4 [39-1A-4 NMSA 1978] of that act are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
History:
Laws 2005, ch. 135, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-2 - Deficiencies; attorney fees.

In any civil action involving liability for a deficiency pursuant to Section 55-9-504 or 58-19-7 NMSA 1978, the debtor, if prevailing, may in the discretion of the court be allowed a reasonable attorney fee set by the court and taxed and collected as costs.
History:
Laws 1981, ch. 10, § 3.
ANNOTATIONS
Award of attorney fees allowed in actions arising from defaults on automobile purchase contracts.
— In an action to recover a deficiency in a motor vehicle installment contract following the repossession and sale of the vehicle subject to the installment contract, where plaintiff filed the lawsuit more than four years after the defendant breached the installment contract, but where plaintiff argued that its complaint was timely because, pursuant to § 37-1-16 NMSA 1978, defendant's partial payments made after the initial breach tolled the four-year statute of limitations set forth in § 55-2-725 NMSA 1978, and where the district court held that the lawsuit was barred by the applicable four-year statute of limitations and awarded attorney fees to defendant, the district court did not err in awarding attorney fees because the plain language and purpose of this section indicate that the legislature intended to allow an award of attorney fees in deficiency actions arising from defaults on automobile purchase contracts.
Autovest v. Agosto
, 2021-NMCA-053, cert. granted.
Replevin counterclaim
was not a civil action "involving liability for a deficiency pursuant to Section 55-9-504" for which the court could allow a reasonable attorney fee to the debtor.
Green Tree Acceptance, Inc. v. Layton
, 1989-NMSC-006, 108 N.M. 171, 769 P.2d 84.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-3 - [Unnecessary splitting of actions.]

When any plaintiff shall bring in the same court several suits against the same defendant that may be joined, and whenever any plaintiffs shall bring in the same court several suits against several defendants that may be joined, the plaintiff shall recover only the costs of one action, and the costs of the other actions shall be adjudged against him unless sufficient reason appear to the court for bringing several actions.
History:
Laws 1897, ch. 73, § 129; C.L. 1897, § 2685(129); Code 1915, § 4223; C.S. 1929, § 105-839; 1941 Comp., § 29-102; 1953 Comp., § 25-1-2.
ANNOTATIONS
Cross references.
— As to joinder of claims and remedies,
see
Rule 1-018 NMRA.
As to consolidation and separate trials,
see
Rule 1-042 NMRA.
Not error to render default judgment without motion for costs security.
— After an answer to a verified complaint has been stricken as "sham and unverified," and the defendant has elected not to amend, but to stand on his answer, it is not error to render a default judgment without first acting on his motion for security for costs.
Pilant v. S. Hirsch & Co.
, 1907-NMSC-003, 14 N.M. 11, 88 P. 1129.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Separate suits against parties who might have been sued jointly, right to costs in both actions, 6 A.L.R. 623.
20 C.J.S. Costs § 27.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.]

In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him unless the plaintiff's claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court.
History:
Kearny Code, Costs, § 2; C.L. 1865, ch. 45, § 2; C.L. 1884, § 2203; C.L. 1897, § 3149; Code 1915, § 4283; C.S. 1929, § 105-1302; 1941 Comp., § 29-103; 1953 Comp., § 25-1-3.
ANNOTATIONS
Allowance of costs where damages under certain amount.
— The plaintiff in an action of debt in the district court recovering less than $100 damages is nevertheless entitled to costs.
Romero v. Silva
, 1857-NMSC-002, 1 N.M. 157.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 Am. Jur. 2d Costs § 16.
20 C.J.S. Costs § 20.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-5 - [Costs on appeal from probate court or magistrate; when judgment appealed from was against appellant.]

When an appeal shall be taken from the judgment of a probate court or justice of the peace [magistrate] against the appellant, the costs shall be adjudged as follows:
A. if the judgment be affirmed, or the appellee on a trial anew shall recover as much or more than the amount of the judgment below, the appellant shall pay costs in both courts;
B. if, on such trial, the judgment of the appellate court shall be in favor of the appellant, the appellee shall pay costs in both courts;
C. if the appellant shall, at any time before the appeal is perfected, tender to the appellee any part of the judgment, and he shall not accept it in satisfaction, and the appellee shall not recover more than the amount as tendered, he shall pay costs in the appellate court, but not in the court below.
History:
Kearny Code, Costs, § 3; C.L. 1865, ch. 45, § 3; C.L. 1884, § 2204; C.L. 1897, § 3150; Code 1915, § 4284; C.S. 1929, § 105-1303; 1941 Comp., § 29-104; 1953 Comp., § 25-1-4.
ANNOTATIONS
Bracketed material.
— The bracketed reference to "magistrate", near the beginning, was inserted by the compiler, as the office of justice of the peace was abolished by Laws 1968, ch. 62, § 40, which provides that reference to justice of the peace shall be construed to refer to magistrate court.
See
35-1-38 NMSA 1978. The bracketed material was not enacted by the legislature and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 909 et seq.
Right to have enforcement of judgment for costs stayed pending final determination of case, 78 A.L.R. 359.
20 C.J.S. Costs § 157 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-6 - [When judgment appealed from was for appellant.]

If such appeal be from a judgment in favor of the appellant, costs shall be adjudged as follows: if upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court; if he recover nothing, the costs shall be adjudged against him in both courts; if he recover more than the judgment below, he shall recover costs in both courts.
History:
Kearny Code, Costs, § 4; C.L. 1865, ch. 45, § 4; C.L. 1884, § 2205; C.L. 1897, § 3151; Code 1915, § 4285; C.S. 1929, § 105-1304; 1941 Comp., § 29-105; 1953 Comp., § 25-1-5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 909 et seq.
Right to have enforcement of judgment for costs stayed pending final determination of case, 78 A.L.R. 359.
Appellate court's award of costs as affected by subsequent proceedings or course of action in the lower court, 116 A.L.R. 1152.
20 C.J.S. Costs § 157 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]

The fees of the county clerk for recording said depositions and certifying the same, shall be the same as are now allowed by law for recording and certifying deeds; and the fees of witnesses shall be the same as are now paid to witnesses in the district court in civil cases, and the fees of the officers taking the depositions shall be five dollars [($5.00)] per day for each day of actual and necessary service.
History:
Laws 1882, ch. 12, § 19; C.L. 1884, § 2129; C.L. 1897, § 3067; Code 1915, § 2159; C.S. 1929, § 45-216; 1941 Comp., § 29-107; 1953 Comp., § 25-1-7.
ANNOTATIONS
Cross references.
— For recording fees,
see
14-8-12 NMSA 1978.
For per diem and mileage for witnesses,
see
10-8-1 and 38-6-4 NMSA 1978; Rules 1-045, 2-502, 3-502, 5-111, 6-606, 7-606 and 8-602 NMRA; Civil Forms 4-503, 4-504, 4-505 and 4-505A NMRA; and Criminal Form 9-503 NMRA.
For costs of expert witness fees are recoverable,
see
Rule 1-054 NMRA.
Compiler's notes.
— The compilers of the 1915 Code substituted the words "county clerk" for the words "probate clerk and ex-officio recorder."
"Costs," "expenses" and "fees" are separate and distinct items
and a deposition expense is a proper item of legal court costs.
Danielson v. Miller
, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Expense and fee become costs.
— Expenses of deposition represent an economic item of outlay incurred. A fee is a charge fixed by law for the services of a public officer. Subsequent to trial and after performance or expenditure an "expense" and a "fee" become legal "costs" as assessed by the court.
Danielson v. Miller
, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Stenographic fee separate from appearance fee.
— The $5.00 per day appearance fee may be waived and stenographic remuneration accepted as full and complete payment, and the charges for the stenographic taking and preparing of the depositions may be separated from the $5.00 per day fee provided for the notary or other officer necessarily present and participating.
Danielson v. Miller
, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
When stenographer and officer taking deposition are one and same person,
the actual expense of taking the deposition is a separate and distinct charge from the appearance fee allowed by law.
Danielson v. Miller
, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Stenographer other than officer of court
may be reimbursed for the actual expense of taking a deposition and the office supervising the taking of the deposition may be allowed a fee of $5.00 for each day of actual and necessary service.
Danielson v. Miller
, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 Am. Jur. 2d Costs § 49 et seq.
Construction and effect of Rules 30(b), (d), 31(d), of the Federal Rules of Civil Procedure, and similar state statutes and rules, relating to preventing, limiting, or terminating the taking of depositions, 70 A.L.R.2d 685.
20 C.J.S. Costs § 97.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-9 - [Witness fees taxed as costs; limitation.]

In no case in any of the courts of this state, shall any fees for witnesses be taxed to exceed four witnesses, on each side, unless under the direction of the court, and in the court's discretion the same may be necessary.
History:
Laws 1887, ch. 40, § 3; C.L. 1897, § 1812; Code 1915, § 5900; C.S. 1929, § 155-106; 1941 Comp., § 29-108; 1953 Comp., § 25-1-8.
ANNOTATIONS
Cross references.
— For when costs of depositions are recovered,
see
Rule 1-054 NMRA.
Compiler's notes.
— The title of Laws 1887, ch. 40 purports to amend §§ 1268 to 1271 of C.L. 1884, but the body of the act appears to be an original instead of an amendatory act.
Duty of court to strike unnecessary fees.
— When causes are consolidated for trial, there can be no necessity ordinarily to subpoena any witness more than once, or to pay him more than one fee. If a party unnecessarily accumulates such expense, or seeks recovery of fees he has not paid or is not obligated to pay, it is the duty of the court and it has the power to strike such fees from the cost bill.
Marcus v. St. Paul Fire & Marine Ins. Co.
, 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567.
Discretion abused where fees for consolidated cases taxed.
— Discretion as to taxing witness fees as costs was held abused, where nine cases were consolidated for trial and full mileage and per diem for each witness were taxed as costs in each case.
Marcus v. St. Paul Fire & Marine Ins. Co.
, 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567.
Section has reference only to civil cases.
1916 Op. Att'y Gen. No. 16-1792.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 Am. Jur. 2d Costs § 49.
20 C.J.S. Costs § 107 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.]

It shall not be legal in any civil suit for the clerk of any district court to tax in favor of the prevailing party the costs of more than four witnesses, unless the court shall certify upon the record that the attendance of more than four witnesses was necessary in the case.
History:
Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 16; C.L. 1884, § 2209; C.L. 1897, § 3155; Code 1915, § 4286; C.S. 1929, § 105-1305; 1941 Comp., § 29-109; 1953 Comp., § 25-1-9.
ANNOTATIONS
Stating grounds for denial of witness fees not required.
— Trial court is not required to state grounds for denying motion for certificate allowing fees and expenses of more than four witnesses.
Frank A. Hubbell Co. v. Curtis
, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 Am. Jur. 2d Costs § 49.
20 C.J.S. Costs § 107 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]

When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs.
History:
Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10.
ANNOTATIONS
Costs should be taxed before transcript is prepared
and filed in the supreme court.
Daily v. Fitzgerald
, 1913-NMSC-001, 17 N.M. 159, 130 P. 247.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 Am. Jur. 2d Costs § 96.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-12 - [Transcript of cost book has effect of execution.]

In every cause in which either party shall become liable to pay costs, the clerk may make out a transcript from the cost book as above directed, and the same shall have in all respects the force and effect of an execution, and shall be served, collected and returned in the same manner.
History:
Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 19; C.L. 1884, § 2212; C.L. 1897, § 3158; Code 1915, § 4289; C.S. 1929, § 105-1308; 1941 Comp., § 29-111; 1953 Comp., § 25-1-11.
ANNOTATIONS
Cross references.
— For execution,
see
39-4-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 2 - Attorneys' Fees and Costs › Section 39-2-13 - [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.]

Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is made in three times the amount of such charge: provided, that the same has been paid by the party; and when such payment has been made, the party against whom the charge has been made may petition the court to retax the costs, and if the court shall find that fraudulent charges have been made and paid, it shall adjudge the officer in fault to pay to the party injured three times the amount of the charges and enforce the collection of the same by means of an execution as in other cases.
History:
Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 20; C.L. 1884, § 2213; C.L. 1897, § 3159; Code 1915, § 4290; C.S. 1929, § 105-1309; 1941 Comp., § 29-112; 1953 Comp., § 25-1-12.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-5 - Writs of error.

Writs of error to bring into the supreme court any cause adjudged or determined in any of the district courts, as provided by law, may be issued by the supreme court, or any justice thereof, if application is made within the time provided by law for the taking of appeals. A writ of error shall issue from the supreme court to the district court only in those actions wherein appellate jurisdiction has not been vested by law in the court of appeals.
History:
Laws 1917, ch. 43, § 4; 1927, ch. 93, § 2; C.S. 1929, § 105-2504; 1953 Comp., § 21-10-3.1; Laws 1966, ch. 28, § 37.
ANNOTATIONS
Cross references.
— For writs of error,
see
Rule 12-503 NMRA.
Compiler's notes.
— Laws 1966, ch. 28, § 37, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Writ of error is an appropriate means for invoking collateral order doctrine.
Carrillo v. Rostro
, 1992-NMSC-054, 114 N.M. 607, 845 P.2d 130.
Law reviews.
— For note, "The Adoption of the Collateral Order Doctrine in New Mexico:
Carrillo v. Rostro
," see 24 N.M.L. Rev. 389 (1994).
For article, "Jurisdiction as May Be Provided by Law: Some Issues at Appellate Jurisdiction in New Mexico," see 36 N.M.L. Rev. 215 (2006).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 4 C.J.S. Appeal and Error § 356 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-6 - Continuation in supreme court and court of appeals.

Cases which are argued or submitted in the supreme court or court of appeals during any term which are not decided during that term shall be deemed continued from term to term until disposed of.
History:
Laws 1917, ch. 43, § 42; C.S. 1929, § 105-2524; 1941 Comp., § 19-1004; 1953 Comp., § 21-10-4; Laws 1966, ch. 28, § 38.
ANNOTATIONS
Cross references.
— For supreme court terms, sessions and recesses,
see
N.M. Const., art. VI, § 7.
For disposition of cause,
see
Rule 12-402 NMRA.