N.M. R. Civ. P. Magist. Ct. 2-803

As amended through August 23, 2024

Rule 2-803 - Prejudgment writs of attachment; exemptions

A.Application for issuance of writs. Prejudgment writs of attachment may be issued by the court upon application of a party pursuant to Sections 35-9-1 to 35-9-8 NMSA 1978.

B.Exemptions; how claimed. Exemptions of personal property provided by Sections 42-10-1 to 42-10-7 NMSA 1978 also apply to attachment proceedings. If the party is a natural person, notice of a right to claim exemptions shall be given as provided by Rule 2-801. A claim of exemption may be filed and served in the same manner and time as required in execution proceedings. The petitioner may dispute the claimed exemption in the same manner and time provided for a dispute on a claim of exemption in an execution proceeding.

C.Hearing. If the petitioner disputes a claimed exemption, the court shall proceed in the manner provided for hearings on claims of exemptions in execution proceedings.

D.Appeal from judgment. If an order on the claim of exemption is rendered in an attachment proceeding after expiration of the time for appeal on the main issue in the action, either party aggrieved by the order on the claim of exemption may appeal from that judgment to the district court in the same manner as other appeals from final judgments are taken. If an order on the claim of exemption is rendered before judgment on the main issue in the cause, the order on the claim of exemption may be appealed to the district court within fifteen (15) days after entry of the judgment on the merits as provided by these rules.

N.M. R. Civ. P. Magist. Ct. 2-803

As amended, effective 7/1/1988;7/1/1992; as recompiled and amended effective 1/1/1996.

ANNOTATIONS The 1996 amendment, effective January 1, 1996, recompiled this rule, which was formerly Rule 2-802 NMRA, rewrote the rule heading, added Paragraph A and redesignated the remaining paragraphs accordingly, rewrote paragraphs B and C, and substituted the language following "claim of exemption" for "issue shall be decided by the district court" at the end of Paragraph D. Compiler's notes. - Former Rule 2-803 was recompiled as Rule 2-804 NMRA effective January 1, 1996.

For exemptions in civil actions, see Section 35-4-2 NMSA 1978. For claim of exemptions, see Rule 4-803 NMRA. For order of exemption, see Rule 4-804 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - Debtor's exemption of personalty as attaching to proceeds of sale or exchange thereof, 119 A.L.R. 467. Motor vehicle as exempt from seizure for debt, 37 A.L.R.2d 714. Family allowance from decedent's estate as exempt from attachment, garnishment, execution and foreclosure, 27 A.L.R.3d 863. What is "necessary" furniture entitled to exemption from seizure for debt, 41 A.L.R.3d 607. 49 C.J.S. Judgments § 569.