New Mexico § 37-1-15 - Setoffs or counterclaims not barred; defendant not to receive excess

Full text of New Mexico New Mexico Statutes Annotated § 37-1-15 — Setoffs or counterclaims not barred; defendant not to receive excess, with citation guidance and answers to common questions.

§ 37-1-15. Setoffs or counterclaims not barred; defendant not to receive excess

A setoff or counterclaim may be pleaded as a defense to any cause of action, notwithstanding

such setoff or counterclaim may be barred by the preceding provisions of this chapter,

if such setoff or counterclaim so pleaded was the property or right of the party pleading

the same at the time it became barred and at the time of the commencement of the action,

and the same was not barred at the time the cause of action sued for accrued or originated;

but no judgment for any excess of such setoff or counterclaim over the demand of the

plaintiff as proved shall be rendered in favor of the defendant.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 37-1-15

What does New Mexico Statutes Annotated § 37-1-15 cover?

Section 37-1-15 ("Setoffs or counterclaims not barred; defendant not to receive excess") 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 § 37-1-15?

A common citation format is "New Mexico Statutes Annotated § 37-1-15" (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 § 37-1-15 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.