No action shall be maintained or a garnishment or attachment be issued to collect any debt for merchandise sold, served or delivered in violation of the Liquor Control Act [60-3A-1 NMSA 1978]. No writ of garnishment shall issue where the debt or obligation or the cause of action in the original suit or the garnishment action is founded upon the sale or purchase of alcoholic beverages by or from a retailer or dispenser as defined in Section 3 [60-3A-3 NMSA 1978] of that act.
History: Laws 1981, ch. 39, § 76.
Writ of garnishment. — Laws 1909, ch. 62, § 1, relating to writs of garnishment and grounds for garnishment, was repealed by Laws 1969, ch. 139, § 2.
Application of section. — This section applies not only to illegal credit sales by retailers to consumers, but sanction of disallowing actions to recover debt also applies to violations of the tied-house laws. N.M. Beverage Co. v. Blything, 1985-NMSC-039, 102 N.M. 533, 697 P.2d 952.
Law reviews. — For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 213.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Section 60-8A-1 - Unfair competition; exclusive outlet; tied house; consignment sales.
Section 60-8A-1.1 - Unlawful inducements.
Section 60-8A-2 - Territorial designation for distribution of beer; agreement.
Section 60-8A-6 - Primary American source of supply.
Section 60-8A-7 - Franchises; definitions.
Section 60-8A-8 - Franchises; violations.
Section 60-8A-9 - Franchises; recovery of damages; injunction; remedies independent.
Section 60-8A-10 - Franchises; actions; defense.
Section 60-8A-11 - Franchises; time limit for bringing of action.
Section 60-8A-12 - Filing of schedules required.
Section 60-8A-13 - Selling to wholesalers at prices different than shown in schedule.
Section 60-8A-14 - Form of schedule.
Section 60-8A-15 - Filing of affirmation.
Section 60-8A-16 - Failure to file; schedule deemed invalid.
Section 60-8A-17 - Determination of lowest price.