Current as of May 06, 2021 | Updated by FindLaw Staff
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The manner of serving writs of attachment shall be as follows:
A. the writ, petition or other lawful statement of the cause of action shall be served on the defendant as an ordinary citation;
B. garnishees shall be summoned by the sheriff, declaring to them that he summons them to appear at the return term of the writ to answer the interrogatories which may be exhibited by the plaintiff and by reading the writ to them if required;
C. when lands or tenements are to be attached, the officer shall briefly describe the same in his return and state that he attached all the right, title and interest of the defendant to the same, and shall moreover give notice to the actual tenants if any there be;
D. when goods and chattels, moneys, effects or evidences of debt are to be attached, the officer shall seize the same and keep them in his custody if accessible, and if not accessible he shall summon the person in whose hands they may be as garnishee;
E. when the credits of the defendant are to be attached, the officer shall declare to the debtor of the defendant that he attached in his hands all debts due from him to the defendant, or so much thereof as shall be sufficient to satisfy the debt, interest and costs, and summon such person as garnishee.
Cite this article: FindLaw.com - New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE ATTACHMENT § 9 - last updated May 06, 2021 | https://codes.findlaw.com/nm/territorial-laws-and-treaties/nm-terr-laws-kearny-code-attachment-sect-9/
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