A. A claim of lien against a state or local official or employee or a federal official or employee based on the performance or nonperformance of that official's or employee's duties shall be invalid, unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien, or unless a specific statute authorizes the filing of the lien.
B. If a claim of lien, as described in Subsection A of this section, has been accepted for filing, the filing officer shall accept for filing a notice of invalid lien signed and submitted by an assistant attorney general representing the state agency, board, commission or department of which the individual is an official or employee; an attorney representing the state institution of higher education, school district, political subdivision or unit of local government of this state of which the individual is an official or employee; or an assistant United States attorney representing the federal agency of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at that person's last known address.
History: Laws 1999, ch. 144, § 6.
Effective dates. — Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
Structure New Mexico Statutes
Chapter 48 - Liens and Mortgages
Article 1A - Lien Protection Efficiency
Section 48-1A-1 - Short title.
Section 48-1A-2 - Findings; purpose.
Section 48-1A-3 - Definitions.
Section 48-1A-4 - Construction.
Section 48-1A-5 - Non-enforceability of nonconsensual common law liens.
Section 48-1A-8 - Action to void lien; order to show cause; service of process.
Section 48-1A-9 - Orders; liability for costs and attorney fees; damages.