Judgment Enforcement

"Writs of execution (orders directing county sheriffs to seize debtors property held by debtors) and writs of garnishment (orders directing third parties in possession of debtors money or property to turn such money/property over to creditors) are allowed in New Mexico. NMRA 1-065.1 and 1-065.2

Execution can be had against both the personal and real property of a judgment debtor, unless the judgment was rendered by the magistrate courts, in which case real property is excluded from execution. NMSA §39-4-2

Recording transcripts of money judgments also can result in their collection. After judgment is entered, a transcript of the judgment can be issued by the court clerk and recorded in any county in New Mexico. The transcript then acts as a lien on any real property of the debtor located in the county. NMSA §39-1-6.

If equity exists in such property to which the lien can attach, and depending on the existence, priority, and value of other liens on and security interests in the property, the judgment lien can be foreclosed upon and the property sold to satisfy the lien. NMSA §39-4-13.

Other judgment-enforcement mechanisms exist under New Mexico law, such as post-judgment discovery. NMRA 1-069

Writ of Garnishment A writ of garnishment generally is available only upon filing an affidavit with the court stating that the debtor has insufficient property in the debtor's possession within New Mexico to satisfy the judgment. NMSA §35-12-1.

General Exemptions Exemptions from receivers or trustees in bankruptcy or other insolvency proceedings, fines, attachment, execution, garnishment, levy or foreclosure by a judgment creditor. NMSA §42-10, NMSA §35-12-7 (Magistrate Court), NMRA 1-065.1 and 1-065.2

Homestead Exemption Certain money or property of the judgment debtor is exempt from either execution or garnishment. The homestead exemption is $150,000 per person or $300,000 if the spouse of the person claiming exemption died within two years prior. NMSA §42-10-9

Any resident who does not own a homestead may exempt $15,000 worth of real or personal property in lieu of the homestead exemption. NMSA §42-10-10"