New Mexico Statutes 39-4-4. Filing notice of levy on real estate; recording and indexing;
release of levy.
Terms Used In New Mexico Statutes 39-4-4
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. Any peace officer making a levy on real estate under execution or writ of attachment shall file a notice of the levy in the office of the county clerk of the county where located, describing the real estate levied upon, the title and number of the case and the amount of the debt or judgment. A certificate of the facts recited in the notice, under the hand and seal of the peace officer, shall be sufficient to entitle the instrument to record.
B. The county clerk shall record the notice of levy and shall index it in the records of the county clerk’s office, and when so filed it shall be notice to the public of the facts therein recited.
C. When the debt for which a levy is made has been satisfied, or if directed by the plaintiff or the plaintiff’s attorney, the peace officer shall file a release of the levy under the peace officer’s official hand and seal, in the office of the county clerk.