2021 New Mexico Statutes
Article 12 - Magistrate Court; Garnishment
Section 35-12-5 - Garnishment; controverting garnishee's answer.

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 in action garnished may intervene in the action, and no judgment shall be rendered against the garnishee until the intervention is tried and determined by the magistrate court.
History: 1953 Comp., § 36-14-5, enacted by Laws 1968, ch. 62, § 137.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-5, 1953 Comp., relating to appearance bonds when both parties absent or present, effective January 1, 1969.
Effect of nonnegotiability of note provision. — The insertion of a provision specifying the nonnegotiability of a note cannot circumvent a judgment creditor's right to garnishment. The nonnegotiability of the note does not preclude the underlying debt due from the garnishee to the defendant from being collected by garnishment, as under this section monies due under a chose in action are subject to garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Intervention. — A party claiming an interest in the subject matter of the garnishment should, upon timely application, be permitted to intervene in the garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 355, 356.
38 C.J.S. Garnishment § 258 et seq.

Structure 2021 New Mexico Statutes