2011 New Mexico Statutes
Chapter 42: Actions and Proceedings Relating to Property
Article 8: Replevin, 42-8-1 through 42-8-22
Section 42-8-19: Motion to dissolve; damages.
42-8-19. Motion to dissolve; damages.
A. Upon the defendant's motion before trial, the district court shall determine the truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney's fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff.
B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued.
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