Section 42-9-1 – [Grounds for attachment; unmatured debts.]
Creditors may sue their debtors before justices of the peace [magistrates] or in the district courts, by attachment, in the following cases, to wit: A. when the debtor is not a resident of, nor resides in this state; B. when the debtor has concealed himself, or absconded or absented himself from his usual place of […]
Section 42-9-2 – [Attachment authorized in actions ex delicto.]
Wherever an attachment may issue against the property of any person upon any debt or other action founded upon contract, attachment may also issue upon any action founded upon a tort or other action ex delictu [ex delicto]; this law shall apply to actions which have heretofore or may hereafter accrue. History: C.L. 1897, § […]
Section 42-9-3 – [Situs of debts and intangible interest in property.]
The situs of debts and obligations for the purpose of attachment shall be the domicile of the debtor or obliger [obligor] and the situs of intangible interests in property, real or personal, legal or equitable, shall be the place where such property is located. History: Laws 1939, ch. 159, § 5; 1941 Comp., § 22-103; […]
Section 42-9-4 – [Filing complaint or statement, affidavit and bond; issuance of writ; property subject to attachment.]
A creditor wishing to sue his debtor by attachment, may place in the clerk’s office of the district court of any county in this state, having jurisdiction, a complaint, or other lawful statement of his cause of action, and shall also file an affidavit and bond; and thereupon such creditor may sue out an original […]
Section 42-8-12 – [Property not returned and accepted; collection of value.]
If such property be not returned and accepted within thirty days after the judgment, the sheriff shall collect the assessed value thereof from the plaintiff and his securities as on other executions. History: C.L. 1897, § 2685 (240), added by Laws 1907, ch. 107, § 1 (240); Code 1915, § 4351; C.S. 1929, § 105-1712; […]
Section 42-8-13 – [Officer damnified; suit on bond.]
Any officer damnified by the execution of a writ of replevin may maintain an action therefor on the bond by him taken. History: C.L. 1897, § 2685 (241), added by Laws 1907, ch. 107, § 1 (241); Code 1915, § 4352; C.S. 1929, § 105-1713; 1941 Comp., § 25-1514; 1953 Comp., § 22-17-14. ANNOTATIONS Bracketed […]
Section 42-8-14 – [Defendant may sue on bond in name of officer.]
The defendant may, for any violation of the bond, bring an action thereon in the name of the officer for his use. History: C.L. 1897, § 2685 (242), added by Laws 1907, ch. 107, § 1 (242); Code 1915, § 4353; C.S. 1929, § 105-1714; 1941 Comp., § 25-1515; 1953 Comp., § 22-17-15. ANNOTATIONS Bracketed […]
Section 42-8-15 – [Liability of sheriff for failure to take sufficient bond from plaintiff.]
The sheriff for failing to take bond, or for taking insufficient bond from the plaintiff, shall be responsible on his official bond for all damages sustained thereby, recoverable by action in the name of the party injured. History: C.L. 1897, § 2685 (243), added by Laws 1907, ch. 107, § 1 (243); Code 1915, § […]
Section 42-8-16 – Form of affidavit.
Affidavits for writs of replevin shall be in substantially the following form: “STATE OF NEW MEXICO COUNTY OF ____________________________ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) AFFIDAVIT IN REPLEVIN I, (plaintiff or attorney), being duly sworn, state that (plaintiff) is lawfully entitled to the possession of (property); that […]
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 […]