New Mexico § 42-8-5 Affidavit

New Mexico Statutes

§ 42-8-5 — Affidavit

New Mexico § 42-8-5

Ch. 42Actions and Proceedings Relating to Property

Art. 8Replevin

This text of New Mexico § 42-8-5 (Affidavit) 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. § 42-8-5 (2026).

Text

Before the writ of replevin is issued, the plaintiff or some creditable person in his stead shall file in the district court an affidavit stating: A. that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint; B. that the same was wrongfully taken or wrongfully detained by the defendant; C. that the plaintiff has reason to believe that the defendant may conceal, dispose of, or waste the property or the revenues therefrom or remove the property from the jurisdiction, during the pendency of the action; D. that the right of action accrued within one year; and E. specific facts, from which it clearly appears that the above allegations are justified.

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Before the writ of replevin is issued, the plaintiff or some creditable person in his stead shall file in the district court an affidavit stating: A. that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint; B. that the same was wrongfully taken or wrongfully detained by the defendant; C. that the plaintiff has reason to believe that the defendant may conceal, dispose of, or waste the property or the revenues therefrom or remove the property from the jurisdiction, during the pendency of the action; D. that the right of action accrued within one year; and E. specific facts, from which it clearly appears that the above allegations are justified.