reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-9 - Repealed.

History:
Laws 1991, ch. 180, § 9; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-9 NMSA 1978, as enacted by Laws 1991, ch. 180, § 9, relating to uniformity of interpretation, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-1 - Short title.

Sections 1 through 16 [39-4C-1 to 39-4C-16 NMSA 1978] of this act may be cited as the Uniform Foreign-Money Claims Act.
History:
Laws 1991, ch. 181, § 1.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-2 - Definitions.

As used in the Uniform Foreign-Money Claims Act:
A. "action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim;
B. "bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate;
C. "conversion date" means the banking day next preceding the date on which money, in accordance with the Uniform Foreign-Money Claims Act, is:
(1) paid to a claimant in an action or distribution proceeding;
(2) paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(3) used to recoup, set-off or counterclaim in different moneys in an action or distribution proceeding;
D. "distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund;
E. "foreign money" means money other than money of the United States of America;
F. "foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money;
G. "money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement;
H. "money of the claim" means the money determined as proper pursuant to Section 5 [39-4C-5 NMSA 1978] of the Uniform Foreign-Money Claims Act;
I. "person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity;
J. "rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion; if separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim;
K. "spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account or by an agreed delayed settlement not exceeding two days; and
L. "state" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
History:
Laws 1991, ch. 181, § 2.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-3 - Scope.

A. The Uniform Foreign-Money Claims Act applies only to a foreign-money claim in an action or distribution proceeding.
B. The Uniform Foreign-Money Claims Act applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
History:
Laws 1991, ch. 181, § 3.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-4 - Variation by agreement.

A. The effect of the Uniform Foreign-Money Claims Act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
B. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
History:
Laws 1991, ch. 181, § 4.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-5 - Determining money of the claim.

A. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
B. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) regularly used between the parties as a matter of usage or course of dealing;
(2) used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) in which the loss was ultimately felt or will be incurred by the party claimant.
History:
Laws 1991, ch. 181, § 5.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-6 - Determining amount of the money of certain contract claims.

A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
C. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
History:
Laws 1991, ch. 181, § 6.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-7 - Asserting and defending foreign-money claim.

A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
C. A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
D. The determination of the proper money of the claim is a question of law.
History:
Laws 1991, ch. 181, § 7.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-8 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

A. Except as provided in Subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
B. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars that will purchase that foreign money on the conversion date at a bank-offered spot rate.
C. Assessed costs must be entered in United States dollars.
D. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
E. A judgment or award made in an action or distribution proceeding on both a defense, set-off, recoupment or counterclaim, and the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
F. A judgment substantially in the following form complies with Subsection A of this section: "It is the judgment of this court that Defendant ______(insert name)______ pay to Plaintiff ______(insert name)______ the sum of ______(insert amount in the foreign money)______ plus interest on that sum at the rate of ______(insert rate - see Section 10 of the Uniform Foreign-Money Claims Act)______ percent a year or, at the option of the judgment debtor, the number of United States dollars that will purchase the ______(insert name of foreign money)______ with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of ______(insert amount)______ United States dollars.".
G. If a contract claim is of the type covered by Subsection A or B of Section 6 of the Uniform Foreign-Money Claims Act, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars that will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
H. A judgment shall be filed, docketed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
History:
Laws 1991, ch. 181, § 8.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-9 - Conversions of foreign money in distribution proceeding.

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
History:
Laws 1991, ch. 181, § 9.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-10 - Pre-judgment and judgment interest.

A. With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in Subsection B of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
B. The court or arbitrator shall increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
C. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
History:
Laws 1991, ch. 181, § 10.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-11 - Enforcement of foreign judgments.

A. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 [39-4C-8 NMSA 1978] of the Uniform Foreign-Money Claims Act, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
B. A foreign judgment may be filed and docketed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
C. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
D. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
History:
Laws 1991, ch. 181, § 11.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-12 - Determining United States dollar value of foreign-money claims for limited purposes.

A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
B. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in Subsections C and D of this section.
C. A party seeking process, costs, bond or other undertaking under Subsection B of this section shall compute in United States dollars the amount of the foreign-money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
D. A party seeking the process, costs, bond or other undertaking under Subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
History:
Laws 1991, ch. 181, § 12.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-13 - Effect of currency revalorization.

A. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
B. If substitution under Subsection A of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
History:
Laws 1991, ch. 181, § 13.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-14 - Supplementary general principles of law.

Unless displaced by particular provisions of the Uniform Foreign-Money Claims Act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.
History:
Laws 1991, ch. 181, § 14.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-15 - Uniformity of application and construction.

The Uniform Foreign-Money Claims Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it.
History:
Laws 1991, ch. 181, § 15.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4C - Foreign-Money Claims › Section 39-4C-16 - Severability clause.

If any provision of the Uniform Foreign-Money Claims Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
History:
Laws 1991, ch. 181, § 16.
ANNOTATIONS
Applicability.
— Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-1 - Short title.

This act may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act".
History:
Laws 2009, ch. 142, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-2 - Definitions.

As used in the Uniform Foreign-Country Money Judgments Recognition Act:
A. "foreign country" means a government other than:
(1) the United States;
(2) a state, district, commonwealth, territory or insular possession of the United States; or
(3) any other government with regard to which the decision in this state as to whether to recognize the judgments of that government's court is initially subject to determination under the full faith and credit clause of the United States constitution;
B. "foreign-country judgment" means a judgment of a court of a foreign country; and
C. "foreign court" means a court of a foreign country.
History:
Laws 2009, ch. 142, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-3 - Application.

A. Except as otherwise provided in Subsection B of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the foreign-country judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive and enforceable.
B. The Uniform Foreign-Country Money Judgments Recognition Act does not apply to a foreign-country judgment, even if the foreign-country judgment grants or denies recovery of a sum of money, to the extent that the foreign-country judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support or maintenance, or other judgment rendered in connection with domestic relations.
C. The party seeking recognition of a foreign-country judgment has the burden of establishing that the Uniform Foreign-Country Money Judgments Recognition Act applies to the foreign-country judgment.
History:
Laws 2009, ch. 142, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-4 - Standards for recognition of foreign-country judgment.

A. Except as otherwise provided in Subsections B and C of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies.
B. A court of this state shall not recognize a foreign-country judgment if:
(1) the foreign-country judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
C. A court of this state need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the foreign-country judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the foreign-country judgment or the cause of action on which the foreign-country judgment is based is repugnant to the public policy of this state or of the United States;
(4) the foreign-country judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the foreign-country judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the foreign-country judgment; or
(8) the specific proceeding in the foreign court leading to the foreign-country judgment was not compatible with the requirements of due process of law.
D. The party resisting recognition of the foreign-country judgment has the burden of establishing that one of the grounds for nonrecognition stated in Subsection B or C of this section exists.
History:
Laws 2009, ch. 142, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-5 - Personal jurisdiction.

A. A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
B. The list of bases for personal jurisdiction in Subsection A of this section is not exclusive, and the courts of this state may recognize bases of personal jurisdiction other than those listed in Subsection A of this section as sufficient to support a foreign-country judgment.
History:
Laws 2009, ch. 142, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-6 - Procedure for recognition of foreign-country judgment.

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
B. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.
History:
Laws 2009, ch. 142, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-7 - Effect of recognition of foreign-country judgment.

If the court in a proceeding pursuant to Section 6 [39-4D-6 NMSA 1978] of the Uniform Foreign-Country Money Judgments Recognition Act finds that the foreign-country judgment is entitled to recognition under that act, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
A. conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
B. enforceable in the same manner and to the same extent as a judgment rendered in this state.
History:
Laws 2009, ch. 142, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-8 - Stay of proceedings pending appeal of foreign-country judgment.

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the party appealing has had sufficient time to prosecute the appeal and has failed to do so.
History:
Laws 2009, ch. 142, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-9 - Statute of limitations.

An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country.
History:
Laws 2009, ch. 142, § 9.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-10 - Saving clause.

The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of that act.
History:
Laws 2009, ch. 142, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4D - Uniform Foreign-Country Money Judgments Recognition Act › Section 39-4D-11 - Uniformity of interpretation.

In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2009, ch. 142, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
Applicability.
— Laws 2009, ch. 142, § 13 provided that actions commenced before July 1, 2009 in which the issue of the recognition of a foreign country judgment is raised are governed by the Uniform Money-Judgments Recognition Act as if that act had not been repealed; and, that the Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after July 1, 2009 in which the issue of recognition of a foreign-country judgment is raised.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-1.1 - Judicial sales of perishable property; court order; petition; hearing.

In all cases of the sale of perishable goods by virtue of any execution or other process pursuant to the provisions of Section 39-5-1 NMSA 1978 or by virtue of the foreclosure of a landlord's lien pursuant to the provisions of Section 48-3-14 NMSA 1978, when the property being sold is of a perishable nature and liable to be lost or diminished in value before the time for the notice required for such sale has elapsed, the judgment creditor or the lienholder may petition the judge of the district court having jurisdiction, setting forth the kind, nature and condition of the property being sold, its approximate value and the possibility of damage to its value. If the judge finds the petition sufficient in form and conditions, he may hear testimony of witnesses as to the property and if he believes that the interests of both the owner of the goods and the lienholder or judgment creditor will be protected by the sale, he may order such sale to be made, may order the posting of appropriate security and may direct the manner of such sale.
History:
Laws 1981, ch. 13, § 1.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-1.2 - ["Real estate" and "real property" defined.]

As used in Chapter 39, Article 5 NMSA 1978 "real estate" or "real property" includes leaseholds. As used in this section, "leasehold" means an estate in real estate or real property held under a lease.
History:
1978 Comp., § 39-5-1.2, enacted by Laws 1991, ch. 234, § 2.
ANNOTATIONS
Validating clauses.
— Laws 1991, ch. 234, § 4 defines "leasehold" to mean an estate in real estate or real property held under a lease and validates as correct and legally effective filings or recordings to give constructive notice any actions taken prior to April 4, 1991 to file or record leases, memoranda, assignments or amendments thereto, leasehold mortgages or other writings affecting leaseholds or any interests in leaseholds in accordance with legal requirements for the filing or recording of writings affecting the title to real estate or real property.
Mechanic's liens.
— The purpose of mechanic's lien statute is remedial in nature and is meant to protect those who, in good faith, have enhanced the value of another's property. Moreover, that statute is to be liberally construed. When these policy interests are viewed in light of the 1991 amendments to Sections 39-5-1.2 and 47-1-1 NMSA 1978, specifically providing that leaseholds are real estate, and in light of recent case law, a mechanic's lien may attach to a leasehold interest in real property. In re Furr's Supermarkets, Inc., 315 B.R. 776 (Bankr. D.N.M. 2004).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-2 - [Unlawful sales; liability of officer.]

If any sheriff or other person shall sell any lands, tenements, goods or chattels by virtue of any process otherwise than in the manner aforesaid or without such previous notice, the sheriff or other person so offending shall for every offense, forfeit and pay the sum of fifty dollars [($50.00)] with costs of suit in any district court in this territory [state], to be recovered by the person whose lands are sold.
History:
Laws 1895, ch. 37, § 2; C.L. 1897, § 3114; Code 1915, § 2196; C.S. 1929, § 46-107; 1941 Comp., § 21-202; 1953 Comp., § 24-2-2.
ANNOTATIONS
Effect of irregularities.
— This section and 39-5-1 NMSA 1978 are not limitations on power to sell unless they provide expressly or by necessary implication that sales made in violation thereof are void; irregularities may be waived by failure to object until after trial court has lost jurisdiction.
McCloskey v. Shortle
, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294.
Setting aside prejudicial sale.
— Although the grounds upon which an execution sale may be set aside are not specified by statute, nor is any reference made to court's right to set aside a sale, it is nevertheless recognized by all courts that in order to prevent abuses of their process they may set aside a sale for fraud, unfairness or irregularities of a prejudicial nature.
Columbus Elec. Coop. v. Brown
, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757.
Confirmation of conditional bid.
— A district court had power to confirm a mortgage foreclosure sale by master, notwithstanding bid was conditional, since court could in its original decree provide for payment in the same way.
McCloskey v. Shortle
, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Violation of direction of decree or order as regards sale of land in parcels or in gross as affecting validity of sale and title of purchaser, 84 A.L.R. 324.
Liability of officer (or sureties on his bond) who conducted sale of property under execution, or other process, to creditors, other than one for whom sale was made, for failure to comply with statutory requirements in making sale, 125 A.L.R. 1147.
Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280.
80 C.J.S. Sheriffs and Constables § 87.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-3 - [Contents of sale notices.]

All notices of sale by sheriffs under execution, order or decree of any district court in this state shall contain as briefly as possible the style or title of the cause in which said judgment, order or decree was obtained, the nature of the action, the date of the rendition of said judgment, or the making of said order or decree, the amount thereof, with interest to date of sale, and the description of the property to be sold, sufficient for the complete identification thereof, together with a statement of the date, hour and conditions of said sale.
History:
Laws 1887, ch. 36, § 4; C.L. 1897, § 3115; Code 1915, § 2198; C.S. 1929, § 46-109; 1941 Comp., § 21-203; 1953 Comp., § 24-2-3.
ANNOTATIONS
Failure to state principal and interest.
— Where the amount is stated for which the property will be sold, but the statement is informal in not stating the amount of principal and interest, it is not sufficient to avoid the sale.
Dewitz v. Joyce-Pruitt Co.
, 1915-NMSC-064, 20 N.M. 572, 151 P. 237.
Specific property.
— This execution is not one for enforcement of liens upon specific property, such as mortgages and the like.
Crowell v. Kopp
, 1919-NMSC-065, 26 N.M. 146, 189 P. 652.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 465 et seq.
33 C.J.S. Executions § 211; 50 C.J.S. Judicial Sales § 10.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-4 - [Notice of sale for personal property not exceeding three hundred dollars.]

That hereafter when personal property shall be sold under execution issued out of any justice court [magistrate court], or from the district court, when the property seized under execution does not exceed three hundred dollars, ($300.00), notice of such sale may be given by posting written or printed notices of such sale at least ten days prior to the date of sale in at least five public places in the county, one of which places shall be at the courthouse in said county, and one at the place where said sale is to be held.
History:
Laws 1931, ch. 8, § 1; 1935, ch. 68, § 1; 1941 Comp., § 21-204; 1953 Comp., § 24-2-4.
ANNOTATIONS
Cross references.
— For publication of "legal notice,"
see
14-11-1 NMSA 1978 et seq.
Bracketed material.
— The bracketed reference to "magistrate courts" was inserted by the compiler, as the office of justice of the peace was abolished by 35-1-38 NMSA 1978, which provides that reference in the laws to justices of the peace shall be construed to refer to the magistrate courts. The bracketed material was not enacted by the legislature and is not part of the law.
Compiler's notes.
— Laws 1935, ch. 68, § 1, identifies the section being amended as Laws 1931, ch. 8, § 1.
Due process requirements.
— Where a party with a recorded interest in property has been properly served and has had actual notice of a complaint in foreclosure and participates in the proceedings to the extent of approving a judgment and decree of foreclosure directing sale of the foreclosed property, and thereafter is on constructive notice of the time and place of sale, he has received all due process to which he is entitled before being deprived of his interest in the property.
Production Credit Ass'n v. Williamson
, 1988-NMSC-041, 107 N.M. 212, 755 P.2d 56.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 465 et seq.
33 C.J.S. Executions § 211.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-5 - [Limit on sale price of real estate.]

No real property shall be sold on any execution issued out of any court in any case at law for less than two-thirds of the appraised cash value thereof, exclusive of liens and encumbrances.
History:
Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 21; Laws 1884, ch. 11, § 1; C.L. 1884, § 2171; C.L. 1897, § 3119; Code 1915, § 2202; C.S. 1929, § 46-113; 1941 Comp., § 21-205; 1953 Comp., § 24-2-5.
ANNOTATIONS
Applicability of article.
— While 39-5-1 to 39-5-3 and 39-5-15 to 39-5-23 NMSA 1978 apply generally to foreclosures, 39-5-5 to 39-5-13 NMSA 1978 apply only to sales and levies under writs of execution.
Armstrong v. Csurilla
, 1991-NMSC-081, 112 N.M. 579, 817 P.2d 1221.
This section does not apply to court-supervised foreclosure sales.
Armstrong v. Csurilla
, 1991-NMSC-081, 112 N.M. 579, 817 P.2d 1221.
Sales price did not shock the conscience of the court.
— Where the appraised value of defendant's home was $206,000 and the property sold for $100,000 or 48.7% of appraised value at the foreclosure sale; defendant did not have any meritorious defenses to the foreclosure judgment; although the special master did not publish and file notices of postponements of the sale, the special master published the original date, time and place of the sale for four weeks in a newspaper and each subsequent notice of postponement assured that the parties present at the postponed sale would be notified and the new date and time would be confirmed as acceptable to all parties present; and the sales price was greater than the amount defendant owed on the loan, including costs and fees and the sale did not result in a deficiency judgment against defendant, the circumstances of the sale did not lead to an unfair result to defendant and the district court did not abuse its discretion in determining that the sales price did not shock the conscience of the court.
Charter Bank v. Francoeur
, 2012-NMCA-078, 287 P.3d 333, cert. granted, 2012-NMCERT-008.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 521 et seq.
Right of officers conducting sale under execution to refuse to accept bid because inadequate, 110 A.L.R. 1077.
Inadequacy of price as basis for setting aside execution or sheriff's sale - modern cases, 5 A.L.R.4th 794.
Propriety of setting minimum or "upset price" for sale of property at judicial foreclosure, 4 A.L.R.5th 693.
33 C.J.S. Executions § 233.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-6 - [Sheriff to ascertain value.]

The sheriff, between the days of levying the execution and the sale of the property, shall proceed to ascertain the cash value of such property as follows:
History:
Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 22; C.L. 1884, § 2172; C.L. 1897, § 3120; Code 1915, § 2203; C.S. 1929, § 46-114; 1941 Comp., § 21-206; 1953 Comp., § 24-2-6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Inadequacy of price as basis for setting aside execution or sheriff's sale - modern cases, 5 A.L.R.4th 794.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-7 - [Selection of appraisers; appraisal.]

For that purpose two disinterested householders of the neighborhood where the levy is made shall be selected as appraisers, one of whom shall be selected by each of the parties or their agents, or in the absence of either party or his agent, or upon the refusal of either party, after three days' notice by the sheriff to make the selection, the sheriff shall proceed to select the appraisers, who shall proceed to appraise the property according to its cash value at the time, deducting liens and encumbrances; and in case of their disagreement as to the value thereof, they shall select a like disinterested appraiser, and with his assistance shall complete the valuation, and the appraisement of any two of them shall be deemed the cash value.
History:
Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 23; C.L. 1884, § 2173; C.L. 1897, § 3121; Code 1915, § 2204; C.S. 1929, § 46-115; 1941 Comp., § 21-207; 1953 Comp., § 24-2-7.
ANNOTATIONS
Section not mandatory.
— While this section provides that the judgment debtor shall have three days' notice to select an appraiser, it is not mandatory; there is no duty upon the officer to hunt up the judgment debtor or to await the judgment debtor's return before making an appraisement.
Inman v. Brown
, 1955-NMSC-018, 59 N.M. 196, 281 P.2d 474.
Waiver.
— Failure to object to the appraisement before sale waives the right to select an appraiser.
Inman v. Brown
, 1955-NMSC-018, 59 N.M. 196, 281 P.2d 474.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 291 et seq.
50 C.J.S. Judicial Sales § 9.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-8 - [Appraiser failing to act.]

In case any appraiser shall fail to act or to complete such valuation, another shall be chosen in his stead as above provided.
History:
Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 24; C.L. 1884, § 2174; C.L. 1897, § 3122; Code 1915, § 2205; C.S. 1929, § 46-116; 1941 Comp., § 21-208; 1953 Comp., § 24-2-8.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-9 - [Schedule of property.]

The sheriff shall furnish the appraisers with a schedule of the property levied on with the encumbrances made known to him, and they shall proceed to fix, and set down opposite to each tract, lot or parcel of real estate, the cash value, deducting liens and encumbrances, which schedule shall be returned to the sheriff.
History:
Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 26; C.L. 1884, § 2175; C.L. 1897, § 3123; Code 1915, § 2206; C.S. 1929, § 46-117; 1941 Comp., § 21-209; 1953 Comp., § 24-2-9.
ANNOTATIONS
Duty of appraisers.
— Although neither the sheriff nor the appraisers were required to ascertain the amount of prior liens or encumbrances in arriving at the cash value of the land, the appraisers were charged with the duty of deducting all known liens and encumbrances in determining the cash value of the land.
Columbus Elec. Coop. v. Brown
, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757.
Effect of noncompliance.
— The appraisal is an essential step in the statutory judicial sale procedure, and a failure to comply with statutory provisions may well require disapproval of a sale in the interest of justice.
Columbus Elec. Coop. v. Brown
, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757 (holding that vacating of sale by district court where appraisers failed to deduct liens and encumbrances of which they know was not an abuse of discretion).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-10 - [No duty to ascertain amount of liens.]

It shall not be the duty of the sheriff or appraisers to ascertain the amount of liens or encumbrances, but either party may furnish the sheriff with a list thereof, with the amount and nature of each.
History:
Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 25; C.L. 1884, § 2176; C.L. 1897, § 3124; Code 1915, § 2207; C.S. 1929, § 46-118; 1941 Comp., § 21-210; 1953 Comp., § 24-2-10.
ANNOTATIONS
Appraiser's duty.
— Although neither the sheriff nor the appraisers were required to ascertain the amount of prior liens or encumbrances in arriving at the cash value of the land, the appraisers were charged with the duty of deducting all known liens and encumbrances in determining the cash value of the land.
Columbus Elec. Coop. v. Brown
, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757.