Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the event the district court has jurisdiction, the district court clerk may issue the writ of garnishment. In those cases filed in small claims court, the small claims court may issue the writ of garnishment.
History: 1953 Comp., § 36-14-16, enacted by Laws 1969, ch. 139, § 10; 1973, ch. 24, § 1; 1979, ch. 183, § 1.
Repeals. — Laws 1979, ch. 346, § 13, repealed 34-8-1 to 34-8-13 NMSA 1978, which provided for the small claims court referred to in this section. Laws 1979, ch. 346, also established metropolitan courts. See 34-8A-1 to 34-8A-8 NMSA 1978.
Cross references. — For jurisdictional amount of magistrate court, see 35-3-3 NMSA 1978.
For jurisdiction of district courts, see N.M. Const., art. VI, § 13.
Purpose of section. — This section expressly invests district courts with jurisdiction to issue writs of garnishment relating to matters pending in their courts in accordance with Sections 35-12-1 to 35-12-18 NMSA 1978. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Jurisdiction generally. — A court has no jurisdiction to proceed in garnishment, even though it is a court of general jurisdiction, unless such jurisdiction is expressly conferred by statute. 1969 Op. Att'y Gen. No. 69-85.
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