A. If the plaintiff or defendant is not satisfied with the answer of any garnishee, he may controvert it by stating how he believes it is incorrect, and the issue shall be tried and determined by the magistrate court.
B. Any person claiming personal property, money or any chose in action garnished may intervene in the action, and no judgment shall be rendered against the garnishee until the intervention is tried and determined by the magistrate court.
History: 1953 Comp., § 36-14-5, enacted by Laws 1968, ch. 62, § 137.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-5, 1953 Comp., relating to appearance bonds when both parties absent or present, effective January 1, 1969.
Effect of nonnegotiability of note provision. — The insertion of a provision specifying the nonnegotiability of a note cannot circumvent a judgment creditor's right to garnishment. The nonnegotiability of the note does not preclude the underlying debt due from the garnishee to the defendant from being collected by garnishment, as under this section monies due under a chose in action are subject to garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Intervention. — A party claiming an interest in the subject matter of the garnishment should, upon timely application, be permitted to intervene in the garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 355, 356.
38 C.J.S. Garnishment § 258 et seq.
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.