2024 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 1 - Judgments
Section 39-1-7 - Transcript; judgment records.

Transcripts of judgments shall be recorded in the county clerk's records. Any recording method used by a county clerk prior to July 1, 1983 in which transcripts of judgments were officially and properly recorded in the county clerk's records are validated and confirmed.

History: Laws 1891, ch. 67, § 2; C.L. 1897, § 3070; Code 1915, § 3080; C.S. 1929, § 76-111; 1941 Comp., § 19-907; 1953 Comp., § 21-9-7; Laws 1966, ch. 28, § 33; 1983, ch. 89, § 2; 1983, ch. 169, § 1.

Statute requirements for lien to be met. — As the lien for a money judgment herein provided does not exist at common law it operates only by reason of statute and does not become applicable until the requirements of the statute have been met. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.

Where judgment not docketed no lien created. — Whether a judgment becomes a lien depends upon whether the required steps of the section are taken, and where the judgment is not docketed, but a transcript only is filed in the office of the county clerk, it does not create a lien. Breece v. Gregg, 1932-NMSC-038, 36 N.M. 246, .

Lien exists from date of filing not date of recording. — A money judgment does not carry with it a lien against the real estate of a judgment debtor, and a lien exists only from the date of filing the transcript in the office of the county clerk, and not from the date of recording. Kaseman v. Mapel, 1921-NMSC-020, 26 N.M. 639, 195 P. 799.

Transcripts of judgment secured from district court clerk can be submitted to the county clerk for recording under the provisions of this section and the county clerk can record the same by making a photostatic copy of said transcript. 1956 Op. Att'y Gen. No. 56-6528.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments §§ 121, 368.

Mere rendition or formal entry or docketing of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162.

49 C.J.S. Judgments §§ 122, 126, 127, 463.