A. A judgment entered against a garnishee under Section 35-12-4D N.M. Stat. Ann. is a lien on the defendant‘s wages or salary, which are not exempt from garnishment under Section 35-12-7 N.M. Stat. Ann. and which come due subsequent to the time of answer, until the judgment against the garnishee is paid or until the employment relationship is terminated.

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Terms Used In New Mexico Statutes 35-12-9

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Lien: A claim against real or personal property in satisfaction of a debt.

B. If the defendant’s wages or salary are subject to more than one judgment lien, the liens shall be satisfied in the order in which the garnishment is served on the garnishee.