Section 37-1-14 – [When second suit deemed continuation of first action.]
If, after the commencement of an action, the plaintiff fail therein for any cause, except negligence in its prosecution, and a new suit be commenced within six months thereafter, the second suit shall, for the purposes herein contemplated, be deemed a continuation of the first. History: Laws 1880, ch. 5, § 12; C.L. 1884, § […]
Section 37-1-15 – [Setoffs or counterclaims not barred; defendant not to receive excess.]
A setoff or counterclaim may be pleaded as a defense to any cause of action, notwithstanding such setoff or counterclaim may be barred by the preceding provisions of this chapter, if such setoff or counterclaim so pleaded was the property or right of the party pleading the same at the time it became barred and […]
Section 37-1-1 – [Generally.]
The following suits or actions may be brought within the time hereinafter limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially provided. History: Laws 1880, ch. 5, § 1; C.L. 1884, § 1860; C.L. 1897, § 2913; Code 1915, § 3346; C.S. 1929, § 83-101; 1941 Comp., § 27-101; 1953 Comp., […]
Section 37-1-2 – Judgments.
Actions founded upon a judgment of a court of the state may be brought within fourteen years from the date of the judgment and not afterward. Actions founded upon a judgment of a court of record of another state or territory of the United States, or of the federal courts, may be brought within the […]
Section 37-1-3 – Notes; written instruments; period of limitation; computation of period.
A. Actions founded upon any bond, promissory note, bill of exchange or other contract in writing shall be brought within six years. If the payee of any bond, promissory note, bill of exchange or other contract in writing enters into any contract or agreement in writing to defer the payment thereof, or contracts or agrees […]
Section 37-1-4 – [Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions.]
Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. History: Laws 1880, ch. 5, § 4; C.L. 1884, § 1863; C.L. 1897, […]
Section 37-1-5 – Actions for wage and hour violations.
A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be commenced within three years after a violation last occurs. The three-year period shall be tolled during a labor relations division of the workforce solutions department investigation of an employer, but such an investigation shall not be deemed a prerequisite […]