Section 42-9-13 – [Contents of writ.]
Original writs of attachment shall be directed to the sheriff of the proper county, commanding him to attach the defendant, by all and singular, his lands and tenements, goods, moneys, effects, credits and all other property and interests in property of whatsoever nature and kind, in whosesoever hands the same may be found, with a […]
Section 42-9-14 – [Amending attachment and replevin writs; alias and pluries writs; proceeding in conversion when replevin writ not executed.]
That where an original writ of attachment or replevin has been quashed for defect in the affidavit, bond or writ, the court shall allow an amendment thereof to cure the defect, under such circumstances as amendments of ordinary pleadings are allowed by law and with like effect; and alias and pluries writs of attachment or […]
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 42-8-17 – 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 42-8-22 – [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 […]