A. In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in Section 56-10-22 N.M. Stat. Ann., may obtain:

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Terms Used In New Mexico Statutes 56-10-21

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(1)     avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;

(2)     an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(3)     subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(a) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(b) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(c) any other relief the circumstances may require.

B. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.