New Mexico Statutes 35-12-16. Garnishment; costs; attorney fees
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A. If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following:
Terms Used In New Mexico Statutes 35-12-16
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or
(2) a reasonable attorney fee not exceeding ten percent of the judgment entered against the garnishee.
B. If the garnishee answers as required by law, the court shall award the garnishee his actual costs and a reasonable attorney fee. The award shall be against the defendant if the plaintiff prevails and against the plaintiff if the garnishee prevails.