New Mexico Statutes
§ 42-8-7 — [Procedure for waiver of affidavit and bond; election to take
New Mexico § 42-8-7
This text of New Mexico § 42-8-7 ([Procedure for waiver of affidavit and bond; election to take) 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. § 42-8-7 (2026).
Text
value of property or its return.] That if in any suit for replevin of property the plaintiff shall allege in his complaint a demand upon the defendant for the return of the property and a reasonable opportunity to comply therewith, and that he waives seizure and delivery thereof, the affidavit and bond prescribed in Sections 42-8-5 and 42-8-6 NMSA 1978 need not be filed, nor the writ issued. In such case, the verdict, if for the plaintiff, shall fix the value of the property, as well as the damages for detention; upon which verdict plaintiff shall have judgment for such damages, and either for the value of such property, as so fixed, or for the return thereof, at his election.
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Legislative History
1941 Comp., § 25-1507a, enacted by Laws 1945, ch. 14, § 1; 1953 Comp., §
Nearby Sections
15
§ 42-1-40
Recompiled§ 42-10-1
Exemptions§ 42-10-10
Exemption in lieu of homestead§ 42-10-11
When homestead exemption does not apply§ 42-10-12
Repealed§ 42-10-13
Claim of exemption or priority§ 42-10-14
Cost-of-living adjustments§ 42-10-2
Repealed§ 42-10-4
Benevolent associations; benefits§ 42-10-5
[Life insurance proceeds.]§ 42-10-7
Taxes excepted§ 42-10-8
Repealed§ 42-10-9
Homestead exemptionCite This Page — Counsel Stack
Bluebook (online)
New Mexico § 42-8-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/42-8-7.