A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
C. A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
D. The determination of the proper money of the claim is a question of law.
History: Laws 1991, ch. 181, § 7.
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.