Any person desiring to claim that property is exempt from execution or is subject to execution only after other property is used to satisfy a debt under the provisions of Sections 40-3-10 and 40-3-11 NMSA 1978 shall file his claim of exemption or priority in the appropriate court, or the right to claim such exemption is waived as between a spouse and the creditor.
History: 1953 Comp., § 24-7-1, enacted by Laws 1975, ch. 246, § 1.
Cross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions, see Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.
For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
Constitutionality. — The postjudgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing. Aacen v. San Juan Cnty. Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991).
Structure New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Section 42-10-1 - Exemptions of married persons or heads of households.
Section 42-10-2 - Exemptions of persons who support only themselves.
Section 42-10-3 - [Life, accident and health insurance benefits.]
Section 42-10-4 - [Benefits from benevolent associations.]
Section 42-10-5 - [Life insurance proceeds.]
Section 42-10-7 - Taxes and garnishment excepted.
Section 42-10-9 - Homestead exemption.
Section 42-10-10 - Exemption in lieu of homestead.