§ 42-9-1 [Grounds for attachment; unmatured debts.]
§ 42-9-2 [Attachment authorized in actions ex delicto.]
§ 42-9-3 [Situs of debts and intangible interest in property.]
§ 42-9-4 [Filing complaint or statement, affidavit and bond; issuance of writ; property subject to attachment.]
§ 42-9-5 [Affidavit; by whom made; contents.]
§ 42-9-6 [Form of affidavit.]
§ 42-9-7 [Bond; parties; amount; condition.]
§ 42-9-8 [Form of bond.]
§ 42-9-9 [Sureties on bonds; qualifications; acknowledgments.]
§ 42-9-10 [Approval of bond; papers filed before issuance of writ.]
§ 42-9-11 [Suit on bond.]
§ 42-9-12 [Requiring additional security.]
§ 42-9-13 [Contents of writ.]
§ 42-9-14 [Amending attachment and replevin writs; alias and pluries writs; proceeding in conversion when replevin writ not executed.]
§ 42-9-15 [Issuance and return of writ; proceedings; judgment.]
§ 42-9-16 [Time for return of writs of execution, attachment and replevin.]
§ 42-9-17 [Service of writ; seizure or levy; return; endorsements;
§ 42-9-18 [Service by publication; personal service outside state.]
§ 42-9-19 [Default after service by publication; judgment; effect.]
§ 42-9-20 [Forthcoming bond.]
§ 42-9-21 [Officer’s return.]
§ 42-9-22 [Officer’s liability on failure to return bond.]
§ 42-9-23 [When court acquires jurisdiction; survival of action.]
§ 42-9-24 [Perishable property; petition for sale; hearing; order.]
§ 42-9-25 [Designating person to make sale; requiring bond.]
§ 42-9-26 [Receiver; appointment; bond.]
§ 42-9-27 [Disposition of proceeds of sale.]
§ 42-9-28 [Expenses in connection with receivership and sale.]
§ 42-9-29 [Intervention in attachment proceedings.]
§ 42-9-30 [Bond discharging attachment and garnishment;
§ 42-9-31 [Answer denying truth of fact stated in attachment affidavit; trial of issue; decision.]
§ 42-9-32 [Issues found for defendant; attachment dismissed;
§ 42-9-33 [Appeal from order discharging attachment; supersedeas.]
§ 42-9-34 [Appeal before final judgment.]
§ 42-9-35 [Judgment against sureties on bond given to discharge attachment.]
§ 42-9-36 [Sale of attached realty after judgment for plaintiff.]
§ 42-9-37 [Sale of attached personalty after judgment for plaintiff.]
§ 42-9-38 [Ancillary attachments; affidavit; bond; writ.]
§ 42-9-39 [Procedure in suit containing ancillary attachment.]
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Terms Used In New Mexico Statutes > Chapter 42 > Article 9 - Attachment

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Oath: A promise to tell the truth.
  • 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.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.