Section 35-12-19 – Garnishment; district court; magistrate court; small claims court.
Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the event the district court has jurisdiction, the district court clerk may issue the writ […]
Section 35-12-9 – Garnishment; wages and salary; lien; priority.
A. A judgment entered against a garnishee under Section 35-12-4D NMSA 1978 is a lien on the defendant’s wages or salary, which are not exempt from garnishment under Section 35-12-7 NMSA 1978 and which come due subsequent to the time of answer, until the judgment against the garnishee is paid or until the employment relationship […]
Section 35-12-10 – Garnishment; public officer as garnishee.
A. No public officer of the state or any of its political subdivisions shall be summoned in his official capacity as a garnishee in a civil action in the magistrate court to answer for wages or salaries due to a public officer or employee unless the plaintiff has a judgment in the action against the […]
Section 35-12-11 – Garnishment; execution against garnishee.
Whenever judgment is rendered against the garnishee in any civil action in the magistrate court, execution shall be made as provided by law for executions in other civil actions in the magistrate court. History: 1953 Comp., § 36-14-9, enacted by Laws 1968, ch. 62, § 141. ANNOTATIONS Cross references. — For rules on execution in […]
Section 35-12-12 – Garnishment; defense to claim against garnishee.
In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magistrate court in a garnishment proceeding. History: 1953 […]
Section 35-12-13 – Garnishment; dissolution.
A. At any time before judgment in a civil action in the magistrate court in which a garnishment has been issued, the defendant in the action may obtain a dissolution of the garnishment by filing in the action a bond to the plaintiff in double the sum claimed in the complaint, or double the value […]
Section 35-12-14 – Garnishment; suit on bond.
The bond given by the plaintiff or other person in a garnishment proceeding in the magistrate court may be sued upon in the name of the state by any party injured, and shall proceed as in other civil actions. History: 1953 Comp., § 36-14-12, enacted by Laws 1968, ch. 62, § 144. ANNOTATIONS Am. Jur. […]
Section 35-12-15 – Garnishment; special provisions.
All laws and procedures governing magistrate courts apply to garnishment proceedings in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-14-13, enacted by Laws 1968, ch. 62, § 145. ANNOTATIONS Cross references. — For the Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq.
Section 35-12-16 – Garnishment; costs; attorney fees.
A. If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following: (1) the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or (2) a reasonable attorney fee not exceeding ten percent of the judgment entered against the garnishee. […]
Section 35-12-17 – Garnishment; form of bond.
Garnishment bonds in civil actions in the magistrate court shall be in substantially the following form: “STATE OF NEW MEXICO ____________ MAGISTRATE DISTRICT, DIVISION _______ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant (Name), Garnishee ) ) GARNISHMENT BOND We bind ourselves, our heirs, executors and administrators to the state of […]