New Mexico Statutes 35-12-2. Garnishment; service on garnishee
A. The garnishment shall be served on the garnishee within the magistrate district in the manner provided by law for service of a civil summons in the magistrate court and shall order the garnishee in the action to appear before the magistrate within twenty days from the date of service to answer under oath, as of the date the garnishment was served and also as of the date of the garnishee’s answer:
Terms Used In New Mexico Statutes 35-12-2
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- Oath: A promise to tell the truth.
- Personal property: All property that is not real property.
- Summons: Another word for subpoena used by the criminal justice system.
(1) what, if anything, the garnishee is indebted to the defendant and on what account;
(2) what, if any, personal property of the defendant is in the garnishee’s possession; and
(3) what other persons, if any, within the garnishee’s knowledge are indebted to the defendant or have personal property of the defendant in their possession.
B. Return on the garnishment shall be made in the manner provided by law for return on a civil summons in the magistrate court.
C. At the same time as the garnishment is served on the garnishee, a copy of the garnishment shall be sent to the defendant’s last known address.