Replevin bonds shall be in substantially the following form:
"STATE OF NEW MEXICO
COUNTY OF ____________________________
(Name), Plaintiff
) )
v.
)
CIVIL DOCKET NO. ________
(Name), Defendant
) )
REPLEVIN BOND
We bind ourselves, our heirs, executors and administrators to the state of New Mexico in the sum of $ ______ on condition that the plaintiff will diligently prosecute this action to final judgment without delay, will return all property and pay to the defendant all money found due to him in this action, including all damages, and will keep harmless the officer executing the writ of replevin, upon completion of which this obligation is void.
________________________________ PLAINTIFF (Principal)
________________________________ SURETY
________________________________ SURETY
Approved: ____________________, 19___
_________________________________ DISTRICT COURT JUDGE."
History: 1953 Comp., § 22-17-17.2, enacted by Laws 1975, ch. 249, § 5.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Section 42-8-1 - [Right of action; purpose of remedy.]
Section 42-8-2 - [Cross-replevin; property in hands of officer.]
Section 42-8-4 - [Remedy against corporation same as against individual.]
Section 42-8-6 - Replevin bond; when filed; parties; conditions.
Section 42-8-8 - [Requiring additional security.]
Section 42-8-9 - Replevin against sheriff.
Section 42-8-10 - [Manner of executing writ.]
Section 42-8-12 - [Property not returned and accepted; collection of value.]
Section 42-8-13 - [Officer damnified; suit on bond.]
Section 42-8-14 - [Defendant may sue on bond in name of officer.]
Section 42-8-15 - [Liability of sheriff for failure to take sufficient bond from plaintiff.]
Section 42-8-16 - Form of affidavit.
Section 42-8-17 - Form of bond.
Section 42-8-18 - Approval of bond; issuance of writ.
Section 42-8-19 - Motion to dissolve; damages.