Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
Before the writ of replevin is issued, the plaintiff or some creditable person in his stead shall file in the district court an affidavit stating:
A. that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint;
B. that the same was wrongfully taken or wrongfully detained by the defendant;
C. that the plaintiff has reason to believe that the defendant may conceal, dispose of, or waste the property or the revenues therefrom or remove the property from the jurisdiction, during the pendency of the action;
D. that the right of action accrued within one year; and
E. specific facts, from which it clearly appears that the above allegations are justified.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 42. Actions and Proceedings Relating to Property § 42-8-5. Affidavit - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-42-actions-and-proceedings-relating-to-property/nm-st-sect-42-8-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)