No person entitled to any interest in or share of or pension or benefit from the trust funds shall, prior to the actual payment therefor, have the right to anticipate the same, or to sell, assign, pledge or mortgage or otherwise dispose of or encumber the same, nor shall such interest, share, pension or benefit prior to the actual payment thereof, be liable for the debts or liabilities of the person entitled thereto or be subject to attachment, garnishment, execution or to levy or sale on judicial proceedings, or be transferable by any means, voluntarily or involuntarily. The trustee may expend such sums as it [he] may deem proper from such fund for the necessary expenses connected therewith.
History: Laws 1939, ch. 213, § 10; 1941 Comp., § 40-410; 1953 Comp., § 39-4-10.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed word "he" in the last sentence was inserted by the 1941 compiler of the New Mexico statutes and was not deleted by the compiler of the 1953 compilation or by the present compiler.
Cross references. — For exemption from legal process for Public Employees Retirement Act benefits, see 10-11-135 NMSA 1978.
For exemption from legal process for Judicial Retirement Act benefits, see 10-12B-7 NMSA 1978.
For exemption from legal process for Magistrate Retirement Act benefits, see 10-12C-7 NMSA 1978.
For exemption from legal process for Educational Retirement Act benefits, see 22-11-42 NMSA 1978.
For exemption from legal process for married persons or heads of households, see 42-10-1 NMSA 1978.
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.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Res. J. 75 (1962).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.