2019 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 5 - Sales Under Execution and Foreclosure
Section 39-5-13 - [Lien continues; alias writ.]

The lien of the levy upon the property shall continue until the debt is paid, and the clerk, unless otherwise directed by the plaintiff, shall forthwith issue another execution, reciting the return of the former execution, the levy and failure to sell, and directing the sheriff to satisfy the judgment out of the property unsold, if the same is sufficient, if not, then out of any other property of the debtor, subject to execution.

History: Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 30; C.L. 1884, § 2180; C.L. 1897, § 3128; Code 1915, § 2211; C.S. 1929, § 46-122; 1941 Comp., § 21-213; 1953 Comp., § 24-2-13.

Lien on personalty created by levy. — New Mexico follows the general law that a lien on personalty is created as the result of a levy under a writ of execution. Von Segerlund v. Dysart, 137 F.2d 755 (9th Cir. 1943).

New lien with each levy. — Examination of the entire chapter in which this section appears makes it clear that the "property" referred to means personalty as well as realty, and that each levy creates a new lien upon the property affected by it. Von Segerlund v. Dysart, 137 F.2d 755 (9th Cir. 1943).

Bankruptcy. — Lien on real estate having been obtained more than four months preceding filing of involuntary petition in bankruptcy against alleged insolvent debtor, an alias levy on debtor's personalty within the four months' period created a lien, the debtor's acquiescence therein being "an act of bankruptcy" authorizing an involuntary adjudication. Von Segerlund v. Dysart, 137 F.2d 755 (9th Cir. 1943).

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).