2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 4 - Magistrate Court; Civil Actions
Section 35-4-2 - Civil actions; exemptions.

A. Exemptions of personal property provided in Sections 24-5-1 through 24-5-13 New Mexico Statutes Annotated, 1953 Compilation, apply to all executions in civil actions in the magistrate court, and to attachment, garnishment, replevin and forcible entry or detainer. The person entitled to the exemption or his agent or attorney shall claim the exemption by filing as a part of the action pending in the magistrate court a list of the particular property claimed to be exempt and a statement of the grounds for the exemption. The list may be filed at any time before sale of the property or before money garnished is paid to the plaintiff.

B. Upon the filing of a list of claimed exemptions, the magistrate shall notify the plaintiff in the action that claim of exemption has been made for the property specified in the list, and notify both parties of a time set for hearing on the claim of exemption. At the time set for hearing, the magistrate shall receive evidence, determine the issues and enter judgment on the claim of exemption.

C. If judgment on the claim of exemption is rendered after expiration of the time for appeal on the main issue in the action, either party aggrieved by the judgment on the claim of exemption may appeal from that judgment to the district court in the same manner as other appeals from final judgments of the magistrate court are taken. If judgment on the claim of exemption is rendered before judgment on the main issue in the cause, the judgment on the claim of exemption shall be deemed interlocutory and included within any appeal taken on the main issue in the action.

History: 1953 Comp., § 36-4-12, enacted by Laws 1968, ch. 62, § 66.

Compiler's notes. — Sections 24-5-1 to 24-5-8, 1953 Comp., are presently compiled as 42-10-1 to 42-10-7 NMSA 1978. Laws 1971, ch. 215, § 10, repealed 24-5-9 to 24-5-13, 1953 Comp., relating to exemption of fire equipment, excepting taxes and purchase price from exemption and providing for appraisal of exempt property.

Cross references. — For appeals from magistrate court, see 35-13-1 NMSA 1978.

For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 1-065.2, 2-801 et seq., and 3-801 NMRA et seq., respectively.

For procedures governing appeals to the district court from magistrate courts in trial de novo cases, see Rule 1-072 NMRA.

For exemptions, see Rule 2-803 NMRA.

For form for claim of exemptions on executions, see Rule 4-803 NMRA.

For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.

For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.

For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.

For form for claim of exemption from garnishment, see Rule 4-809 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Proceeds of life insurance left with insurer after maturity of policy as subject to claims of creditors of beneficiary, 164 A.L.R. 914.

Exemptions of proceeds as available to assignee of insurance policy, 1 A.L.R.2d 1031.

Right with respect to exempt proceeds of life insurance of one whose funds have been wrongfully used to pay premiums, 24 A.L.R.2d 672.

Retirement or pension proceeds or annuity payments under group insurance as subject to attachment or garnishment, 28 A.L.R.2d 1213.

Endowment policy as life insurance within exemption law, 30 A.L.R.2d 751.

Exemption of motor vehicle from seizure for debt, 37 A.L.R.2d 714.

Wife as head of family within property exemption provision, 67 A.L.R.2d 779.

51 C.J.S. Justices of the Peace §§ 11, 27, 77, 78, 153.