N.M. R. Civ. P. Magist. Ct. 2-801
N.M. R. Civ. P. Magist. Ct. 2-801
ANNOTATIONS The 1996 amendment, effective January 1, 1996, deleted "Garnishment" from the rule heading and rewrote the rule.
For exemptions in civil actions, see Section 35-4-2 NMSA 1978. For right to execution, issuance, levy and sale, see Section 39-4-1 NMSA 1978. For docketing money judgments, see Section 39-1-6 NMSA 1978. For sales under execution and foreclosure, see Section 39-5-1 NMSA 1978 et seq. For forms on garnishment and writs of execution, see Rules 4-801 to 4-816 NMRA. For writ of execution, see Rule 4-801 NMRA. For notice of right to claim exemptions, see Rule 4-808A NMRA. For claim of exemption, see Rule 4-803 NMRA. For order on claim of exemption, see Rule 4-804 NMRA. For notice of dispute and request for hearing, see Rule 4-810A NMRA. Case law. - The postjudgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing. Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991). By creating exemptions from execution, New Mexico has granted judgment debtors a property interest in retaining their exempt property. While the state need not grant such exemptions, once given, the property rights they create are entitled to due process protection. Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991). Am. Jur. 2d, A.L.R. and C.J.S. references. - 30 Am. Jur. 2d Executions §§ 86 et seq., 364 et seq.; 47 Am. Jur. 2d Judicial Sales §§ 83, 98. Attachment or execution creditor as purchaser within rule that first of two purchasers to obtain possession will prevail, 21 A.L.R. 1031. Judicial, execution, or tax sale on election day, holiday or Sunday, 58 A.L.R. 1273. Presence of chattels at place of sale as a condition of a judicial or execution sale, 69 A.L.R. 1194. Validity of judicial, execution, tax or other public sale as affected by the particular point in courthouse or other place identified by notice, or designated by statute or by mortgage or trust deed, at which the sale was made, or by indefiniteness of notice as regards that point, 120 A.L.R. 660. Interest of vendee under executory contract as subject to execution, judgment, lien, or attachment, 1 A.L.R.2d 727. Irregularities or defects in execution or judicial sale, estoppel of or waiver by parties or participants regarding, 2 A.L.R.2d 6. "Public sale," what constitutes, 4 A.L.R.2d 575. Statutory provisions respecting registration of mortgages or other liens on personal property in case of residents of other states as affecting priority of execution lien over lien of chattel mortgage or conditional sale contract, 10 A.L.R.2d 764. Duties, rights and remedies between attorney and client where attorney purchases property of client at or through tax, execution or judicial sale, 20 A.L.R.2d 1280. Applicability of sales tax to judicial or bankruptcy sales, 27 A.L.R.2d 1219. Right of creditors of life insured as to options or other benefits available to him during his lifetime, 37 A.L.R.2d 268. Motor vehicle as exempt from seizure for debt, 37 A.L.R.2d 714. Note or bond, execution or similar process in action on, not resulting in sale of mortgaged property, as precluding foreclosure of real estate mortgage, 37 A.L.R.2d 959. Part payment or promise to pay judgment as affecting time for execution, 45 A.L.R.2d 967. Appeal or writ of error, ruling on motion to quash execution as ground of, 59 A.L.R.2d 692. Mere rendition, or formal entry or docketing, of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162. Time of equitable conversion of real estate sold under and by court order, 66 A.L.R.2d 1266. Real estate mortgage executed by one of joint tenants as enforceable after his death, 67 A.L.R.2d 999. Solid mineral royalty as real or personal property, 68 A.L.R.2d 728. Interest of spouse in estate by entireties as subject to judicial sale in satisfaction of his or her individual debt, 75 A.L.R.2d 1172. Judgment lien, issuance or levy of execution as extending period of, 77 A.L.R.2d 1064. Propriety of accepting check or promissory note in satisfaction of bid at execution or judicial sale had for cash, 86 A.L.R.2d 292. Court or place of appearance, sufficiency of designation of in original civil process, 93 A.L.R.2d 376. 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. Mistake or error in middle initial or middle name of party as vitiating or invalidating civil process, summons or the like, 6 A.L.R.3d 1179. Death of creditor or obligee, validity and effect of agreement that debt or legal obligation contemporaneously or subsequently incurred shall be canceled by, 11 A.L.R.3d 1427. Joint bank account as subject to attachment, garnishment or execution by creditor of one of the joint depositors, 11 A.L.R.3d 1465. Family allowance from decedent's estate as exempt from attachment, garnishment, execution and foreclosure, 27 A.L.R.3d 863. Modification of judgment, execution sale as affected by, 32 A.L.R.3d 1019. What is "necessary" furniture entitled to exemption from seizure for debt, 41 A.L.R.3d 607. Wrongful execution against business property, injury to credit standing, reputation, solvency or profit potential as elements of damage resulting from, 55 A.L.R.3d 911. 33 C.J.S. Executions §§ 1 to 3, 69, 80, 225 to 229.