Section 42-8-22 – [Forthcoming bond; approval; return with writ to district court; additional security; sheriff’s liability.]
The sheriff shall judge of the sufficiency of the sureties on the bond of the defendant, and shall return the same with the writ of replevin into the district court; and shall be responsible on his official bond on returning any property replevied; but any party interested in the result of any such cause may […]
Section 42-8-17 – Form of bond.
Replevin bonds shall be in substantially the following form: “STATE OF NEW MEXICO COUNTY OF ____________________________ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) REPLEVIN BOND We bind ourselves, our heirs, executors and administrators to the state of New Mexico in the sum of $ ______ on condition that […]
Section 42-8-18 – Approval of bond; issuance of writ.
The judge of the district court shall, upon the filing of the affidavit and bond in conformity with Sections 42-8-5 and 42-8-6 NMSA 1978, the bond to have sufficient surety approved by the judge, issue the writs of replevin applied for by the complainant directed to the sheriff of the county and commanding him to […]
Section 42-8-19 – Motion to dissolve; damages.
A. Upon the defendant’s motion before trial, the district court shall determine the truth of the facts stated in the plaintiff’s affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the […]
Section 42-8-20 – Docketing; proceedings in district court.
The district court clerk shall docket the action in replevin and the cause shall then proceed as in other civil actions. History: 1953 Comp., § 22-17-19, enacted by Laws 1965, ch. 268, § 3.
Section 42-8-21 – [Defendant may keep property on giving forthcoming bond; time; parties; condition.]
The defendant, either in person or by his agent or attorney, at any time within five days after the service of a writ of replevin on him, and the replevin of the property thereunder, may require the return of the property replevied upon giving to the sheriff a bond with two or more sufficient sureties […]
Section 42-8-7 – [Procedure for waiver of affidavit and bond; election to take value of property or its return.]
That if in any suit for replevin of property the plaintiff shall allege in his complaint a demand upon the defendant for the return of the property and a reasonable opportunity to comply therewith, and that he waives seizure and delivery thereof, the affidavit and bond prescribed in Sections 42-8-5 and 42-8-6 NMSA 1978 need […]
Section 42-8-8 – [Requiring additional security.]
Any person plaintiff or defendant in any replevin suits pending in any court in this state, may at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, […]
Section 42-8-9 – Replevin against sheriff.
Whenever any writ of replevin is granted against the sheriff of any county in this state, the judge of the district court shall designate a person to serve process on the defendant. History: C.L. 1897, § 2685 (235), added by Laws 1907, ch. 107, § 1 (235); Code 1915, § 4347; C.S. 1929, § 105-1708; […]
Section 42-8-10 – [Manner of executing writ.]
The writ shall be executed by delivering the goods and chattels in the complaint mentioned, to the plaintiff, and by summoning the defendant to appear on the return day of the writ, to answer the action of the plaintiff. History: C.L. 1897, § 2685 (237), added by Laws 1907, ch. 107, § 1 (237); Code […]