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New Mexico Statutes Chapter 35. Magistrate and Municipal Courts § 35-12-2. Garnishment; service on garnishee

Current as of January 01, 2024 | Updated by Findlaw Staff

A. The garnishment shall be served on the garnishee within the magistrate district in the manner provided by law for service of a civil summons in the magistrate court and shall order the garnishee in the action to appear before the magistrate within twenty days from the date of service to answer under oath, as of the date the garnishment was served and also as of the date of the garnishee's answer:

(1) what, if anything, the garnishee is indebted to the defendant and on what account;

(2) what, if any, personal property of the defendant is in the garnishee's possession; and

(3) what other persons, if any, within the garnishee's knowledge are indebted to the defendant or have personal property of the defendant in their possession.

B. Return on the garnishment shall be made in the manner provided by law for return on a civil summons in the magistrate court.

C. At the same time as the garnishment is served on the garnishee, a copy of the garnishment shall be sent to the defendant's last known address.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 35. Magistrate and Municipal Courts § 35-12-2. Garnishment; service on garnishee - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-35-magistrate-and-municipal-courts/nm-st-sect-35-12-2/

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