2016 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
Section 39-2-13 - Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.
39-2-13. [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.]
Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is made in three times the amount of such charge: provided, that the same has been paid by the party; and when such payment has been made, the party against whom the charge has been made may petition the court to retax the costs, and if the court shall find that fraudulent charges have been made and paid, it shall adjudge the officer in fault to pay to the party injured three times the amount of the charges and enforce the collection of the same by means of an execution as in other cases.
History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, 20; C.L. 1884, 2213; C.L. 1897, 3159; Code 1915, 4290; C.S. 1929, 105-1309; 1941 Comp., 29-112; 1953 Comp., 25-1-12.
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