A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
B. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in Subsections C and D of this section.
C. A party seeking process, costs, bond or other undertaking under Subsection B of this section shall compute in United States dollars the amount of the foreign-money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
D. A party seeking the process, costs, bond or other undertaking under Subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
History: Laws 1991, ch. 181, § 12.
Applicability. — Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 4C - Foreign-Money Claims
Section 39-4C-1 - Short title.
Section 39-4C-2 - Definitions.
Section 39-4C-4 - Variation by agreement.
Section 39-4C-5 - Determining money of the claim.
Section 39-4C-6 - Determining amount of the money of certain contract claims.
Section 39-4C-7 - Asserting and defending foreign-money claim.
Section 39-4C-9 - Conversions of foreign money in distribution proceeding.
Section 39-4C-10 - Pre-judgment and judgment interest.
Section 39-4C-11 - Enforcement of foreign judgments.
Section 39-4C-13 - Effect of currency revalorization.
Section 39-4C-14 - Supplementary general principles of law.
Section 39-4C-15 - Uniformity of application and construction.