New Mexico § 42-8-19 Motion to dissolve; damages

New Mexico Statutes

§ 42-8-19 — Motion to dissolve; damages

New Mexico § 42-8-19

Ch. 42Actions and Proceedings Relating to Property

Art. 8Replevin

This text of New Mexico § 42-8-19 (Motion to dissolve; damages) 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. § 42-8-19 (2026).

Text

A.Upon the defendant's motion before trial, the district court shall determine the truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney's fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff.

B.If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued.

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

A. Upon the defendant's motion before trial, the district court shall determine the truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney's fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff. B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued.