N.M. Stat. » Chapter 35 — Magistrate and Municipal Courts
New Mexico Statutes

N.M. Stat. § 35-12-19 (2026)

Garnishment; district court; magistrate court; small

✓ laws through the 2025 session (retrieved May 2026)
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claims court. Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the event the district court has jurisdiction, the district court clerk may issue the writ of garnishment. In those cases filed in small claims court, the small claims court may issue the writ of garnishment.

History: 1953 Comp., § 36-14-16, enacted by Laws 1969, ch. 139, § 10; 1973, ch. 24, § 1; 1979, ch. 183, § 1.

ANNOTATIONS

Repeals. — Laws 1979, ch. 346, § 13, repealed 34-8-1 to 34-8-13 NMSA 1978, which provided for the small claims court referred to in this section. Laws 1979, ch. 346, also established metropolitan courts. See 34-8A-1 to 34-8A-8 NMSA 1978.

Cross references. — For jurisdictional amount of magistrate court, see 35-3-3 NMSA 1978.

For jurisdiction of district courts, see N.M. Const., art. VI, § 13.

Purpose of section. — This section expressly invests district courts with jurisdiction to issue writs of garnishment relating to matters pending in their courts in accordance with Sections 35-12-1 to 35-12-18 NMSA 1978. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922. Jurisdiction generally. — A court has no jurisdiction to proceed in garnishment, even though it is a court of general jurisdiction, unless such jurisdiction is expressly conferred by statute. 1969 Op. Att'y Gen. No. 69-85.

Notes of Decisions
Cited in 4 cases, 1987–2018 · leading case: Jemko, Inc. v. Liaghat, 738 P.2d 922 (N.M. Ct. App. 1987).
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Jemko, Inc. v. Liaghat, 738 P.2d 922 (N.M. Ct. App. 1987). · cites it 2× “Since the judgment of the trial court in the garnishment proceeding indicated that garnishee was indebted on a promissory note to Robert Davis and Sherron Davis, as husband and wife, was the wife required to be joined as a party to the garnishment of the proceeds payable under…”
Alcantar v. Sanchez, 2011-NMCA-073, 257 P.3d 966. · cites it 2× “See NMSA 1978, § 35-12-18 (1969) (generally setting forth the form of writs of garnishment issued by the magistrate courts); NMSA 1978, § 35-12-19 (1979) (providing for the issuance of writs of garnishment by the district courts in the same manner specified for the magistrate…”
In re Johnson, 593 B.R. 331 (Bankr. D.N.M. 2018). “§ 35-12-19 ("Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court").”
Kirby v. Long-Term Disability Plan of TAD Resources Int'l, Inc., 2008-NMCA-154, 196 P.3d 965. · cites it 2× “Section 35-12-19 gives district courts the authority to issue writs of garnishment, but a district court may not issue such a writ unless it has been shown that the garnishee is either “indebted to the defendant,” see § 35-12-1 (D)(1), or “holds personal property belonging to…”
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