New Mexico § 35-12-16 Garnishment; costs; attorney fees

New Mexico Statutes

§ 35-12-16 — Garnishment; costs; attorney fees

New Mexico § 35-12-16

Ch. 35Magistrate and Municipal Courts

Art. 12Magistrate Court; Garnishment

This text of New Mexico § 35-12-16 (Garnishment; costs; attorney fees) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 35-12-16 (2026).

Text

A. If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following:

(1)the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or (2) a reasonable attorney fee not exceeding ten percent of the judgment entered against the garnishee. B. If the garnishee answers as required by law, the court shall award the garnishee his actual costs and a reasonable attorney fee. The award shall be against the defendant if the plaintiff prevails and against the plaintiff if the garnishee prevails.

Free access — add to your briefcase to read the full text and ask questions with AI

A. If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following: (1) the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or (2) a reasonable attorney fee not exceeding ten percent of the judgment entered against the garnishee. B. If the garnishee answers as required by law, the court shall award the garnishee his actual costs and a reasonable attorney fee. The award shall be against the defendant if the plaintiff prevails and against the plaintiff if the garnishee prevails.