N.M. R. Civ. P. Dist. Ct. 1-064
At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state.
N.M. R. Civ. P. Dist. Ct. 1-064
For garnishment, see Sections 35-12-1 to 35-12-19 NMSA 1978. For execution generally, see Sections 39-4-1 to 39-4-16 and 39-5-1 to 39-5-14 NMSA 1978. For proceedings in aid of execution, see Section 39-4-3 NMSA 1978. For levy and sale of livestock, see Sections 39-6-1 to 39-6-4 NMSA 1978. For replevin, see Sections 42-8-1 to 42-8-22 NMSA 1978. For attachment generally, see Sections 42-9-1 to 42-9-39 NMSA 1978. For exempt property generally, see Sections 42-10-1 to 42-10-13 NMSA 1978. For liens on personal property, see Sections 48-3-1 to 48-3-29 NMSA 1978. For agricultural landlords' liens, see Sections 48-6-1 to 48-6-16 NMSA 1978. For surrender of property pending action to set aside preference to creditor, see Section 56-9-4 NMSA 1978. For attachment in action to set aside preference, see Section 56-9-6 NMSA 1978. For attachment after assignment for benefit of creditors, see Section 56-9-46 NMSA 1978. For fraudulent conveyances, see Sections 56-10-14 to 56-10-25 NMSA 1978. Constitutionality. - New Mexico's present replevin statutes comply with due process standards established by United States supreme court in Mitchell v. W.T. Grant Co., 416 U.S. 600, 94 S. Ct. 1895, 40 L. Ed. 2d 406 (1974), and are therefore constitutional. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 1984-NMSC-075, 101 N.M. 431, 684 P.2d 517. Law reviews. - For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Arrest §§73 to 91; 6 Am. Jur. 2d Attachment and Garnishment §§1 to 5, 7, 9, 10, 12 to 14, 45 to 70, 91 to 177, 179 to 216. Leaving property in custody of debtor as abandonment of levy under attachment or execution, 6 A.L.R. 1412. Waiver of privilege against or nonliability to arrest in civil action, 8 A.L.R. 754. Debtor's arrest under body execution and discharge under Poor Debtors' Act as satisfaction of debt, 14 A.L.R. 505. What constitutes nonresidence for purpose of attachment, 26 A.L.R. 180. Construction and applicability of statute authorizing arrest in civil action for personal injury, 33 A.L.R. 648. Wrongful attachment or garnishment of debt as conversion, 40 A.L.R. 594. Foreign or interstate commerce, attachment or garnishment as interference with, 85 A.L.R. 1395. Personal liability of party who places execution or attachment in hands of official for wrongful levy thereunder upon property of third person, 91 A.L.R. 922. Intent to defraud or delay creditors within contemplation of attachment statute as inferable as matter of law from fact that debtor has removed or is about to remove property from the state without making adequate provision for his creditors, 92 A.L.R. 966. Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917. Sufficiency of affidavit for attachment respecting fraud or intent to defraud, as against objection that it is a merely legal conclusion, 8 A.L.R.2d 578. Foreign attachment or garnishment as available in action by nonresident against nonresident or foreign corporation upon a foreign cause of action, 14 A.L.R.2d 420. Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640. Validity of attachment of chattels within store or building other than private dwelling, made without removing the goods or without making an entry, 22 A.L.R.2d 1276. What constitutes fraudulently contracted debt or fraudulently incurred liability or obligation within purview of statute authorizing attachment on such grounds, 39 A.L.R.2d 1265. Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221. Posting of redelivery bond by defendant as waiver of damages for wrongful attachment, 57 A.L.R.2d 1376. What sort of claim, obligation or liability is within contemplation of statute providing for attachment, or giving right of action for indemnity, before a debt or liability is due, 58 A.L.R.2d 1451. Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331. Construction and effect of provision for execution sale on short notice, or sale in advance of judgment under writ of attachment, where property involved is subject to decay or depreciation, 3 A.L.R.3d 593. Joint bank account as subject to attachment, garnishment or execution by creditor of one of the joint depositors, 11 A.L.R.3d 1465. Attachment and garnishment of funds in branch bank or main office of bank having branches, 12 A.L.R.3d 1088. Family allowance from decedent's estate as exempt from attachment, garnishment, execution and foreclosure, 27 A.L.R.3d 863. What constitutes malice sufficient to justify an award of punitive damages in action for wrongful attachment or garnishment, 61 A.L.R.3d 984. Recovery of damages for mental anguish, distress, suffering or the like is action for wrongful attachment, garnishment, sequestration or execution, 83 A.L.R.3d 598. Joint bank account as subject to attachment, garnishment, or execution by creditor of one joint depositor, 86 A.L.R.5th 527. Modern views as to validity, under federal constitution, of state prejudgment attachment, garnishment and replevin procedures, distraint procedures under landlords' or innkeepers' lien statutes, and like procedures authorizing summary seizure of property, 18 A.L.R. Fed. 223, 29 A.L.R. Fed. 418. 6A C.J.S. Arrest §§ 73 to 93; 7 C.J.S. Attachment §§ 1 to 61, 373 to 420.