A. Any peace officer making a levy on real estate under execution or writ of attachment shall file a notice of the levy in the office of the county clerk of the county where located, describing the real estate levied upon, the title and number of the case and the amount of the debt or judgment. A certificate of the facts recited in the notice, under the hand and seal of the peace officer, shall be sufficient to entitle the instrument to record.
B. The county clerk shall record the notice of levy and shall index it in the records of the county clerk's office, and when so filed it shall be notice to the public of the facts therein recited.
C. When the debt for which a levy is made has been satisfied, or if directed by the plaintiff or the plaintiff's attorney, the peace officer shall file a release of the levy under the peace officer's official hand and seal, in the office of the county clerk.
History: Laws 1933, ch. 13, § 1; 1941 Comp., § 21-104; 1953 Comp., § 24-1-4; 2013, ch. 214, § 11.
The 2013 amendment, effective June 14, 2013, provided procedures for filing notices of levy; added the title; in Subsection A, in the first sentence, after "Any", added "peace" and in the second sentence, after "hand and seal of", deleted "such" and added "the peace"; and added Subsections B and C.
Substantial compliance. — This section makes no provision for service of writ and notice of levy on judgment debtor, and in the absence of a statute the levy on real estate under execution is made by filing notice of levy in the office of the county clerk where the land is located, describing it, etc.; there was substantial compliance where the sheriff went on the land, served the occupant with notice of levy and filed the return in the office of the county clerk. Inman v. Brown, 1955-NMSC-018, 59 N.M. 196, 281 P.2d 474.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 240 et seq.
Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906.
33 C.J.S. Executions § 101.
Structure 2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 4 - Recovery on Judgments
Section 39-4-1 - [Right to execution; issuance; levy and sale; jurisdiction.]
Section 39-4-2 - [Property subject to execution.]
Section 39-4-3 - [Levy; insufficient property; garnishment proceedings.]
Section 39-4-4 - Filing notice of levy on real estate; recording and indexing; release of levy.
Section 39-4-7 - [Bond to retain possession of goods until sale.]
Section 39-4-8 - [Failure to return bond; insufficient bond; liability of officer.]
Section 39-4-9 - [Time limit on return of district court executions; sale; control of writ.]
Section 39-4-10 - [Execution against sureties.]
Section 39-4-11 - [Execution against corporation; information to be furnished.]
Section 39-4-12 - [Assignment of debts due corporation.]
Section 39-4-13 - [Judgment lien on real estate; foreclosure suit; sale.]
Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit.]
Section 39-4-15 - [Pleading claim of exemption.]
Section 39-4-16 - [Procedure not exclusive; existing remedies unaltered.]