A. At any time before judgment in a civil action in the magistrate court in which a garnishment has been issued, the defendant in the action may obtain a dissolution of the garnishment by filing in the action a bond to the plaintiff in double the sum claimed in the complaint, or double the value of the indebtedness and personal property garnished, whichever is less, with sufficient sureties, conditioned for the payment of any judgment that may be rendered against the garnishee in the action.
B. When a garnishment is dissolved, all proceedings touching the garnished indebtedness or personal property are vacated.
History: 1953 Comp., § 36-14-11, enacted by Laws 1968, ch. 62, § 143.
Law reviews. — For comment, "Wage Garnishment in New Mexico - Existing Debtor Protections under Federal and State Law and Further Proposals," see 1 N.M.L. Rev. 388 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 408, 518 to 534.
Discharge of garnishment, or bond for its dissolution, by subsequent amendment of pleadings or the writ, 74 A.L.R. 912.
Abatement on ground of prior pending action in same jurisdiction as affected by loss by plaintiff in second action of advantage gained therein by attachment, garnishment, or like process, 40 A.L.R.2d 1111.
Amendment of bond, 47 A.L.R.2d 971.
38 C.J.S. Garnishment § 319; 51 C.J.S. Justices of the Peace § 78(10).
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