New Mexico Statutes
N.M. Stat. § 52-1-52 (2026)
Exemption from creditors.
✓ current as of May 2026
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A. Compensation benefits shall be exempt from claims of creditors and from any
attachment, garnishment or execution and shall be paid only to such worker or his
personal representative or such other persons as the court may, under the terms
hereof, appoint to receive or collect compensation benefits.
B. Notwithstanding the provisions of Subsection A of this section, compensation
benefits being paid or owing to a worker shall be considered wages for the purpose of
securing support for a minor dependent. No order may be entered against such benefits
which results in the worker retaining less than one hundred dollars ($100) a week or an
amount each week equal to forty times the federal minimum wage rate if legally required
to support minor dependents other than those for whom the action is brought.
History: Laws 1929, ch. 113, § 20; C.S. 1929, § 156-120; 1941 Comp., § 57-921; 1953
Comp., § 59-10-21; Laws 1983, ch. 78, § 1; 1984, ch. 95, § 1; 1989, ch. 263, § 31.
ANNOTATIONS
Section not unconstitutional on either due process or equal protection grounds.
Pedrazza v. Sid Fleming Contractor, Inc., 1980-NMSC-018, 94 N.M. 59, 607 P.2d 597.
Applicability of exemption. — By its terms, the exemption applies to "claims of
creditors" and to "any attachment, garnishment or execution." It does not address
assignments. If the legislature had intended a "spendthrift" provision that would
preclude the assignment of all or part of the proceeds before received, such a provision
readily could have been articulated. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789,
810 P.2d 808.
Dependent residing outside country at time of injury barred from common-law
remedies. — Resident dependents residing outside the United States at the time of the
worker's injury are barred from pursuing their common-law remedies due to the
exclusive remedy provisions under the Workmen's (Workers') Compensation Act. Kent
Nowlin Constr. Co. v. Gutierrez, 1982-NMSC-123, 99 N.M. 389, 658 P.2d 1116, appeal
dismissed, 462 U.S. 1126, 103 S. Ct. 3104, 77 L. Ed. 2d 1359 (1983).
Domicile of child conceived before father's injury is domicile of mother at time of
child's birth. — Where the mother of an accident victim's illegitimate unborn child
returned to Mexico following the accident but before the child's birth, the child is
domiciled in Mexico and is not a "resident of the United States at the time of the injury."
Gomez v. Snyder Ranch, 1983-NMCA-146, 101 N.M. 44, 678 P.2d 219, cert. denied,
101 N.M. 77, 678 P.2d 705 (1984).
Temporary residence in foreign country. — Where the employee's wife moved to
Mexico, at her husband's direction, to take care of his mother, without any legal
separation and in readiness to return whenever called, and remained there until his
death, she is not precluded by this section from receiving compensation for his death.
Gallup Am. Coal Co. v. Lira, 1935-NMSC-071, 39 N.M. 496, 50 P.2d 430.
Bankruptcy debtor's checking account containing proceeds exempt. — Debtor's
checking account, consisting of the proceeds of the settlement of the workmen's
(workers') compensation claim, may be exempted from claims of creditors under this
section. Waldman v. Nolen, 65 Bankr. 1014 (Bankr. D.N.M. 1986).
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat.
Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Exemptions §§ 16, 117,
124; 82 Am. Jur. 2d Workers' Compensation §§ 219, 220.
Workers' compensation: incarceration as terminating benefits, 54 A.L.R.4th 241.
Validity, construction, and effect of statutory exemptions of proceeds of workers'
compensation awards, 48 A.L.R.5th 473.
99 C.J.S. Workmen's Compensation §§ 330, 343.Notes of Decisions
Cited in 15
cases, 1980–2013 · leading case: Kent Nowlin Constr. Co. v. Gutierrez, 658 P.2d 1116 (N.M. 1983).
Kent Nowlin Constr. Co. v. Gutierrez, 658 P.2d 1116 (N.M. 1983). “Nowlin argues that the Workmen's Compensation Act is an exclusive remedy and therefore recovery is limited to the Act.”
Gonzalez v. Performance Painting, Inc., 2013 NMSC 021 (N.M. 2013). “The humanitarian policy of the Legislature to allow workers’ compensation benefits for the undocumented worker is really no different than these treaties.”
Gonzalez v. Performance Painting, Inc., 2011 NMCA 25 (N.M. Ct. App. 2011). “A reference to denying benefits to a worker’s non-resident alien dependents in Section 52-1-52, as the section existed before it was amended in 1984, was deleted by the 1984 amendment passed by the Legislature.”
Casillas v. S.W.I.G., 628 P.2d 329 (N.M. Ct. App. 1981). “" Section 52-1-52, N.M.S.A. 1978 specifically denies dependents, who are nonresidents of the United States at the time of a workman's injury, the right to pursue a claim for compensation.”
Romero v. Earl, 810 P.2d 808 (N.M. 1991). “The rights of the assignee otherwise having attached as discussed above, the question becomes whether the assignor may defeat those rights by unilaterally canceling the assignment in reliance upon the exemption of Section 52-1-52(A). We think not. By its terms, the exemption…”
Gutierrez v. Kent Nowlin Constr. Co., 658 P.2d 1121 (N.M. Ct. App. 1981). “Section 52-1-52: Compensation shall be exempt from claim of creditors and from any attachment, garnishment or execution, and shall be paid only to such workman or his personal representative, or such other persons as the court may, under the terms hereof, appoint to receive or…”
Padilla v. Intel Corp., 1998 NMCA 125 (N.M. Ct. App. 1998). “{15} Under the circumstances of the present ease, we conclude that the district court did not abuse its discretion in weighing Plaintiffs incentive to litigate in the administrative forum.”
Waldman v. Nolen (In Re Nolen), 65 B.R. 1014 (Bankr. D.N.M. 1986). “1978 § 52-1-52 (Cum.Supp. 1986). The trustee has objected to the claim of exemption and filed this adversary proceeding for turnover.”
Cabazos v. Calloway Constr., 879 P.2d 1217 (N.M. Ct. App. 1994). “Even though compensation payments are shielded from creditors, NMSA 1978, § 52-1-52 (Repl.Pamp.1991), payments to some creditors, such as a mortgagee, may be necessary to keep the worker from being thrown out into the cold.”
Gonzalez v. Performance Painting, Inc., 2013 NMSC 21 (N.M. 2013). “The humanitarian policy of the Legislature to allow workers’ compensation benefits for the undocumented worker is really no different than these treaties.”
In Re Schena, 439 B.R. 776 (Bankr. D.N.M. 2010). “1986) (holding that uncommingled proceeds of a workmen’s compensation settlement is exempt from claims of creditors under N.M. Stat. Ann. § 52-1-52 (1978)). 13 . Monthly gross wages for Mr.”
Pedrazza v. Sid Fleming Contractor, Inc., 607 P.2d 597 (N.M. 1980). “Defendant moved for dismissal based upon the pleadings, claiming that plaintiffs are precluded from recovery by Section 52-1-52, N.M.S.A.1978. The court granted the motion and dismissed the complaint with prejudice.”
— N.M. Stat. § 52-1-52(A) — 1 case
Romero v. Earl, 810 P.2d 808 (N.M. 1991). “The rights of the assignee otherwise having attached as discussed above, the question becomes whether the assignor may defeat those rights by unilaterally canceling the assignment in reliance upon the exemption of Section 52-1-52(A). We think not. By its terms, the exemption…”
— N.M. Stat. § 52-1-52(B) — 1 case
Waldman v. Nolen (In Re Nolen), 65 B.R. 1014 (Bankr. D.N.M. 1986). “1978 § 52-1-52 (Cum.Supp. 1986). The trustee has objected to the claim of exemption and filed this adversary proceeding for turnover.”
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