A. An attachment may be issued in a civil action in the magistrate court only upon the filing of a civil complaint, accompanied by: (1) a bond to the defendant in double the sum claimed in the complaint, with sufficient sureties, conditioned that the plaintiff will diligently prosecute the action to final judgment without delay […]
A. The attachment shall order the sheriff or a full-time, salaried deputy sheriff to attach personal property of the defendant within the magistrate district having a value sufficient to satisfy the amount claimed in the complaint in the action, safely to keep the property to satisfy any judgment that might be recovered in the action […]
A. If the defendant was personally served as provided in Section 35-9-2B NMSA 1978, or if he appears as provided in the civil summons, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions. B. If the defendant was not personally served as provided in Section 35-9-2B […]
A. An attachment may be dissolved at any time before final judgment if the defendant appears and pleads to the action and posts bond to the plaintiff in double the sum claimed in the complaint, or double the value of the property attached, whichever is less, with sufficient sureties, conditioned that the property will be […]
The bond given by the plaintiff or other person in an attachment action 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., § 36-11-5, enacted by Laws 1968, ch. 62, § 118. ANNOTATIONS Am. Jur. […]
All laws and procedures governing magistrate courts apply to attachment actions in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-11-6, enacted by Laws 1968, ch. 62, § 119.
Attachment 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 ) ) ATTACHMENT BOND We bind ourselves, our heirs, executors and administrators to the state of New Mexico […]
Writs of attachment 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 ) ) WRIT OF ATTACHMENT THE STATE OF NEW MEXICO TO: The sheriff or a full-time, salaried […]
