Section 42-9-15 – [Issuance and return of writ; proceedings; judgment.]
Original writs of attachment shall be issued and returned in like manner as ordinary writs of summons; and when the defendant is cited to answer the action, like proceedings shall be had between him and the plaintiff as in ordinary actions on contracts, and a general judgment may be rendered for or against the defendant. […]
Section 42-9-16 – [Time for return of writs of execution, attachment and replevin.]
All executions, writs of attachment and writs of replevin shall be returned within sixty days from the date of the delivery thereof to the sheriff or other officer or person whose duty it is, or who may be designated to serve the same. History: Laws 1897, ch. 73, § 176; C.L. 1897, § 2685 (176); […]
Section 42-9-17 – [Service of writ; seizure or levy; return; endorsements; garnishment of inaccessible property.]
The manner of serving writs of attachement [attachment] shall be as follows: A. the writ or other lawful statement of the cause of action, shall be served on the defendant as an ordinary summons; B. when lands or tenements or interests or estates in real estate whether legal or equitable are to be attached, the […]
Section 42-9-18 – [Service by publication; personal service outside state.]
Whenever property of a defendant has been attached and it shall appear from the affidavit for attachment and the return of the sheriff, that such defendant cannot be personally served with process, the court shall order a publication to be made stating the nature and amount of the plaintiff’s demand, and notifying the defendant that […]
Section 42-9-19 – [Default after service by publication; judgment; effect.]
When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant […]
Section 42-9-5 – [Affidavit; by whom made; contents.]
The affidavit shall be made by the plaintiff, or some person for him, and shall state that the defendant is justly indebted to the plaintiff, after allowing all just credits and offsets, in a sum (to be specified in the affidavit), and on what account, and shall also state that the affiant has good reason […]
Section 42-9-6 – [Form of affidavit.]
The form of the affidavit of attachment shall be as follows, to wit: STATE OF NEW MEXICO) County of _______________) ss. This day personally appeared before me, the undersigned clerk of the district court, A. B. (or C. D., agent for A. B., as the case may be), and being duly sworn, says that E. […]
Section 42-9-7 – [Bond; parties; amount; condition.]
The bond shall be executed by the plaintiff or some responsible person as principal, and two or more sureties, residents of the state, each of which sureties shall be worth the penalty of the bond over and above all debts, or by some bond company authorized to do business in this state, in a sum […]
Section 42-9-8 – [Form of bond.]
The form of said bond shall be as follows, to wit: Know all men by these presents, that we (A. B., principal, or C. D., agent for A. B., principal, as the case may be) and N. N. and M. M., his securities, are held and firmly bound unto …… (defendant), in the sum of […]
Section 42-9-9 – [Sureties on bonds; qualifications; acknowledgments.]
The securities on attachment bonds shall be residents of this state, or a bond company authorized to do business in this state, and shall acknowledge the execution of such bond by them in the manner and before such officer as may be prescribed by law for the acknowledgment of conveyances of real estate. History: C.L. […]