New Mexico Statutes
N.M. Stat. § 27-2-21 (2026)
Assistance not assignable.
✓ current as of May 2026
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Assistance granted under this act shall not be transferable or assignable, at law or in
equity, and none of the money paid or payable under this act shall be subject to
execution, levy, attachment, garnishment or other legal process, or to the operation of
any bankruptcy or insolvency law.
History: Laws 1937, ch. 18, § 11g; 1941 Comp., § 73-118; 1953 Comp., § 13-1-19.
ANNOTATIONS
Compiler's notes. — The words "this act" refer to Laws 1937, ch. 18.
Cross references. — For rules governing garnishment and writs of execution in the
district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801
NMRA, respectively.
For form for claim of exemptions on executions, see Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings, see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.
For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws § 101.
81 C.J.S. Social Security and Public Welfare §§ 100, 202, 222.Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2010–2022 · leading case: El Paso Healthcare Sys., Ltd. v. Molina Healthcare of New Mexico, Inc., 683 F. Supp. 2d 454 (W.D. Tex. 2010).
El Paso Healthcare Sys., Ltd. v. Molina Healthcare of New Mexico, Inc., 683 F. Supp. 2d 454 (W.D. Tex. 2010). “While it may appear to conflict with N.M. Stat. § 27-2-21 ("Assistance granted under this act shall not be transferrable or assignable .”
Bianca Ann Medina (Bankr. D.N.M. 2022). “NMSA § 27-2-21. (i) Broad public assistance exemptions include EITC Many courts hold that EITC tax funds are public assistance within the meaning of state exemptions applicable to public assistance grants generally.”
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