New Mexico § 35-12-3 - Garnishment; effect on garnishee
Full text of New Mexico New Mexico Statutes Annotated § 35-12-3 — Garnishment; effect on garnishee, with citation guidance and answers to common questions.
§ 35-12-3. Garnishment; effect on garnishee
A. Except as otherwise provided in this section, service of a garnishment on the garnishee
has the effect of attaching all personal property, money, wages or salary in excess
of the amount exempt under Section 35-12-7 NMSA 1978 , rights, credits, bonds, bills, notes, drafts and other choses in action of the defendant
in the garnishee's possession or under his control at the time of service of the garnishment
or which may come into his possession or under his control or be owing by him between
the time of service and the time of making his answer. The garnishee is not liable for any judgment in money on account of any bonds, bills,
notes, drafts, checks or other choses in action unless they are converted into money
after service of the garnishment or he fails to deliver them to the magistrate within
the time prescribed by the magistrate. B. Service of a garnishment issued in advance of judgment does not attach any wages
or salary due the defendant from the garnishee. C. After service of a garnishment on the garnishee, it is unlawful for the garnishee
to pay to the defendant in the action any debt or to deliver to him any personal property
attached by the garnishment.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 35-12-3
What does New Mexico Statutes Annotated § 35-12-3 cover?
Section 35-12-3 ("Garnishment; effect on garnishee") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 35-12-3?
A common citation format is "New Mexico Statutes Annotated § 35-12-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 35-12-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.