N.M. Stat. § 42-9-4

Current through 2024, ch. 69
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 attachment against the lands, tenements, goods, moneys, effects, credits and any right, title, lien or interest whether legal or equitable upon, in or to real or personal, tangible or intangible property whether present or possessory or reversionary or in remainder and all property which could be reached upon execution or upon equitable proceedings in aid of execution, of the debtor in whosesoever hands they may be except such property as is now, or may hereafter be, specifically exempted from attachment or execution by law and except interests of beneficiaries in spendthrift trusts for whom spendthrift trusts are or may be created.

NMS § 42-9-4

C.L. 1897, § 2685 (184), added by Laws 1907, ch. 107, § 1 (184); Code 1915, § 4301; C.S. 1929, § 105-1603; Laws 1939, ch. 159, § 1; 1941 Comp., § 22-104; 1953 Comp., § 26-1-4.