Chapter 35 — Chapter 35

A. An attachment may be issued in a civil action in the magistrate court only upon the filing of a civil complaint, accompanied by: (1) a bond to the defendant in double the sum claimed in the complaint, with sufficient sureties, conditioned that the plaintiff will diligently pro…

A. The attachment shall order the sheriff or a full-time, salaried deputy sheriff to attach personal property of the defendant within the magistrate district having a value sufficient to satisfy the amount claimed in the complaint in the action, safely to keep the property to sat…

A. If the defendant was personally served as provided in Section 35-9-2B NMSA 1978, or if he appears as provided in the civil summons, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions. B. If the defendant was not personally ser…

A. An attachment may be dissolved at any time before final judgment if the defendant appears and pleads to the action and posts bond to the plaintiff in double the sum claimed in the complaint, or double the value of the property attached, whichever is less, with sufficient suret…

The bond given by the plaintiff or other person in an attachment action in the magistrate court may be sued upon in the name of the state by any party injured, and shall proceed as in other civil actions. History: 1953 Comp., § 36-11-5, enacted by Laws 1968, ch. 62, § 118.

All laws and procedures governing magistrate courts apply to attachment actions in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-11-6, enacted by Laws 1968, ch. 62, § 119.

Attachment bonds in civil actions in the magistrate court shall be in substantially the following form: "STATE OF NEW MEXICO ____________ MAGISTRATE DISTRICT, DIVISION _______ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) ATTACHMENT BOND We bind ourse…

Writs of attachment in civil actions in the magistrate court shall be in substantially the following form: "STATE OF NEW MEXICO ____________ MAGISTRATE DISTRICT, DIVISION _______ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) WRIT OF ATTACHMENT THE STA…

A. A civil action for forcible entry or unlawful detainer of real property is commenced by the filing of a civil complaint alleging that one or more of the following facts exists: (1) the defendant entered and occupied the lands and tenements of another against the will or consen…

The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall not apply to actions by a landlord arising out of a residential tenancy governed by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978]. History: 1953 Comp., § 36-12-1.1, enacted by Laws 1975, c…

A. Except as provided in Section 35-10-1 NMSA 1978, three days' notice in writing to quit must be given to the defendant before a civil action for forcible entry or unlawful detainer may be filed. B. The return day of the summons in an action for forcible entry or unlawful detain…

A. If the defendant is found guilty in a civil action for forcible entry or unlawful detainer, judgment shall be entered against him: (1) for damages; and (2) that he be removed from the premises and the plaintiff be put in possession. B. Execution shall include an order that the…

A. If the plaintiff recovers judgment in an action for forcible entry or unlawful detainer upon appeal: (1) to the district court, the damages assessed shall be the actual value of the rent due until entry of judgment by the magistrate court and double the value of all rent accru…

Executions in civil actions for forcible entry or detainer in the magistrate court shall be in substantially the following form: "STATE OF NEW MEXICO ____________ MAGISTRATE DISTRICT, DIVISION _______ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) EXEC…

Whenever any personal property is wrongfully taken or detained, the person having a right to immediate possession may bring a civil action of replevin for recovery of the property and for damages sustained from the wrongful taking or detention. However, in replevin actions, magis…

All laws and procedures governing magistrate courts apply to actions of replevin in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-13-4, enacted by Laws 1968, ch. 62, § 130.

In any replevin action in the magistrate court, judgment may be entered for the plaintiff granting the plaintiff the property, or its fair market value in case a delivery cannot be made, and damages for the wrongful taking or detention of the property by the defendant. History: 1…

A. Garnishment may be issued in advance of judgment in a civil action in the magistrate court only upon the filing of a civil complaint, accompanied by: (1) a bond to the defendant, with sufficient sureties, in double the sum claimed in the complaint, conditioned that the plainti…

A. No public officer of the state or any of its political subdivisions shall be summoned in his official capacity as a garnishee in a civil action in the magistrate court to answer for wages or salaries due to a public officer or employee unless the plaintiff has a judgment in th…

Whenever judgment is rendered against the garnishee in any civil action in the magistrate court, execution shall be made as provided by law for executions in other civil actions in the magistrate court. History: 1953 Comp., § 36-14-9, enacted by Laws 1968, ch. 62, § 141.

In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magi…

A. At any time before judgment in a civil action in the magistrate court in which a garnishment has been issued, the defendant in the action may obtain a dissolution of the garnishment by filing in the action a bond to the plaintiff in double the sum claimed in the complaint, or …

The bond given by the plaintiff or other person in a garnishment proceeding in the magistrate court may be sued upon in the name of the state by any party injured, and shall proceed as in other civil actions. History: 1953 Comp., § 36-14-12, enacted by Laws 1968, ch. 62, § 144.

All laws and procedures governing magistrate courts apply to garnishment proceedings in the magistrate court except as otherwise provided by law. History: 1953 Comp., § 36-14-13, enacted by Laws 1968, ch. 62, § 145.

A. If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following: (1) the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or (2) a reasonable attorney fee not exceeding ten per…

Garnishment bonds in civil actions in the magistrate court shall be in substantially the following form: "STATE OF NEW MEXICO ____________ MAGISTRATE DISTRICT, DIVISION _______ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant (Name), Garnishee ) ) GARNISHMEN…

Writs of garnishment in civil actions in the magistrate court shall state whether the writ is issued in advance of or in aid of execution of judgment and shall be in substantially the following form: "STATE OF NEW MEXICO __________________MAGISTRATE DISTRICT, DIVISION ________ (N…

claims court. Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the ev…

A. The garnishment shall be served on the garnishee within the magistrate district in the manner provided by law for service of a civil summons in the magistrate court and shall order the garnishee in the action to appear before the magistrate within twenty days from the date of …

A. Except as otherwise provided in this section, service of a garnishment on the garnishee has the effect of attaching all personal property, money, wages or salary in excess of the amount exempt under Section 35-12-7 NMSA 1978, rights, credits, bonds, bills, notes, drafts and ot…

A. If the garnishee answers under oath that he is not at the time of answer, and was not, at the time the garnishment was served on him, indebted to the defendant or in possession of any personal property of the defendant, and if the garnishee's answer is not controverted within …

A. If the plaintiff or defendant is not satisfied with the answer of any garnishee, he may controvert it by stating how he believes it is incorrect, and the issue shall be tried and determined by the magistrate court. B. Any person claiming personal property, money or any chose i…

Debts not yet due to the defendant may be garnished, but no execution shall be awarded against the garnishee for such debts until they become due. The magistrate may order the defendant to deliver the evidence of such indebtedness to the court. If the defendant alleges an endorse…

A. Exempt from garnishment with respect to the enforcement of an order or decree for child support is fifty percent of the defendant's disposable earnings for any pay period. Exempt from garnishment in all other situations is the greater of the following portions of the defendant…

Any employer charged as a garnishee in any civil action in the magistrate court shall pay to the defendant, when due, the amount of his wages or salary exempt from garnishment under Section 35-12-7 NMSA 1978. History: 1953 Comp., § 36-14-7.1, enacted by Laws 1969, ch. 139, § 7.

A. A judgment entered against a garnishee under Section 35-12-4D NMSA 1978 is a lien on the defendant's wages or salary, which are not exempt from garnishment under Section 35-12-7 NMSA 1978 and which come due subsequent to the time of answer, until the judgment against the garni…

Any party aggrieved by any judgment rendered or final order issued by the magistrate court in any civil action or special statutory proceeding, or the defendant aggrieved by any judgment rendered or final order issued by the magistrate court in any criminal action, may appeal to …

judgment. A. Appeals from the magistrate courts shall be tried de novo in the district court. B. The district court docket fee in any criminal appeal is thirty-five dollars ($35.00), ten dollars ($10.00) of which shall be deposited in the court automation fund. C. If the judgment…

Upon trial de novo in the district court upon appeal from the magistrate court, the district court shall allow all amendments necessary to the furtherance of justice. History: 1953 Comp., § 36-15-4, enacted by Laws 1968, ch. 62, § 151.

A. Except for municipalities with a population of fewer than two thousand five hundred or more than five thousand persons in the most recent federal decennial census lying within the boundaries of a class A county with a population of more than two hundred thousand persons in the…

Each municipal judge shall annually as a condition of discharging the duties of that office, successfully complete a judicial training program conducted under the authority, or with the approval of, the court administrator, unless exempted from this requirement by the chief justi…

History: 1978 Comp., § 35-14-11, enacted by Laws 1983, ch. 134, § 6; 1987, ch. 251, § 3; 1988, ch. 121, § 4; 1989, ch. 133, § 1; 1993, ch. 273, § 5; 1994, ch. 69, § 1; 1998, ch. 103, § 1; 2003, ch. 424, § 3; 2006, ch. 28, § 2; 2009, ch. 245, § 4; 2013, ch. 192, § 1; 2015, ch. 87,…

By July 1, 1996, each municipal court shall have the capability of providing on a timely basis electronic records in a format specified by the judicial information system council tracking convictions of violations of municipal ordinances prohibiting driving while under the influe…

A. Each municipal court has jurisdiction over all offenses and complaints under ordinances of the municipality and may issue subpoenas and warrants and punish for contempt. B. Upon written agreement between the board of regents of a state educational institution designated in Art…

The qualifications of municipal judges, bond required and salary received shall be provided by ordinance of the municipality. History: 1953 Comp., § 37-1-3, enacted by Laws 1961, ch. 208, § 3.

A. Municipal judges shall be elected, for terms of four years, at a regular municipal election. B. In municipalities with a population of thirty thousand persons or more, additional judges may be elected if the municipal governing body determines the workload of the court require…

Any registered voter of a municipality in which a municipal judge is incapacitated or absent may be appointed to the office of the municipal judge during his temporary incapacity or absence, and he shall hear and determine cases arising under municipal ordinances while sitting as…

The requirements of law relating to money collected, monthly reports, itemized statements and penalties apply to temporary municipal judges. History: 1953 Comp., § 37-1-6, enacted by Laws 1961, ch. 208, § 6.

Each municipal judge shall make monthly written reports to the governing body of all money collected by him; provided he shall account separately for costs collected pursuant to Section 35-14-11 NMSA 1978 [repealed]. The reports shall be filed and the money collected shall be pai…

All required reports shall include an itemized statement showing the different amounts collected, the purpose of collection, the name of the person paying and the date of payment. History: 1953 Comp., § 37-1-8, enacted by Laws 1961, ch. 208, § 8.