New Mexico § 35-12-4 - Garnishment; answer by garnishee

§ 35-12-4. Garnishment; answer by garnishee

A. If the garnishee answers under oath that he is not at the time of answer, and was

not, at the time the garnishment was served on him, indebted to the defendant or in

possession of any personal property of the defendant, and if the garnishee's answer

is not controverted within twenty days after being made, the magistrate shall enter

judgment discharging the garnishee. B. If the garnishee fails to answer the garnishment under oath within twenty days

from the date of its service on him, the magistrate may render judgment by default

against the garnishee for the full amount of any judgment rendered against the defendant,

together with all interest and costs. C. If the garnishee answers under oath or it appears on trial of the issue that he

was, at the time of answer or at the time the garnishment was served, indebted to

the defendant or in possession of any personal property of the defendant, the magistrate

shall render judgment for the plaintiff against the garnishee for the amount admitted

or found due to the defendant or so much thereof as equals the plaintiff's judgment

against the defendant. If the garnishee is indebted to the defendant for wages or salary, the magistrate

shall render judgment for the plaintiff against the garnishee only for the amount

of wages or salary due the defendant in excess of the amount of wages or salary exempt

from garnishment under Section 35-12-7 NMSA 1978 or so much thereof as equals the plaintiff's judgment against the defendant. The magistrate shall order the garnishee to deliver any personal property to the

sheriff to be held by him subject to the order of the magistrate for the satisfaction

of any judgment that may be rendered against the defendant. If the garnishee fails to deliver the personal property to the sheriff, the sheriff

shall notify the magistrate, and, upon motion of the plaintiff, the garnishee shall

be cited for contempt. If the garnishee fails to show good cause in the contempt hearing, he shall be punished

for contempt, and the magistrate may render judgment against him for the full amount

of the plaintiff's judgment against the defendant, together with all interest and

costs. D. If the defendant is employed by the garnishee, the magistrate shall render judgment

for the plaintiff against the garnishee for the unpaid balance of the plaintiff's

judgment against the defendant and order the garnishee to pay to the plaintiff each

pay period the defendant's wages or salary, which are not exempt from garnishment

under Section 35-12-7 NMSA 1978 and which come due subsequent to the time of answer, until the judgment is satisfied,

or, if the employment relationship is terminated, until the garnishee gives the plaintiff

written notice that the employment relationship has terminated.