Transcripts of judgments shall be recorded in the county clerk's records. Any recording method used by a county clerk prior to July 1, 1983 in which transcripts of judgments were officially and properly recorded in the county clerk's records are validated and confirmed.
History: Laws 1891, ch. 67, § 2; C.L. 1897, § 3070; Code 1915, § 3080; C.S. 1929, § 76-111; 1941 Comp., § 19-907; 1953 Comp., § 21-9-7; Laws 1966, ch. 28, § 33; 1983, ch. 89, § 2; 1983, ch. 169, § 1.
Statute requirements for lien to be met. — As the lien for a money judgment herein provided does not exist at common law it operates only by reason of statute and does not become applicable until the requirements of the statute have been met. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.
Where judgment not docketed no lien created. — Whether a judgment becomes a lien depends upon whether the required steps of the section are taken, and where the judgment is not docketed, but a transcript only is filed in the office of the county clerk, it does not create a lien. Breece v. Gregg, 1932-NMSC-038, 36 N.M. 246, .
Lien exists from date of filing not date of recording. — A money judgment does not carry with it a lien against the real estate of a judgment debtor, and a lien exists only from the date of filing the transcript in the office of the county clerk, and not from the date of recording. Kaseman v. Mapel, 1921-NMSC-020, 26 N.M. 639, 195 P. 799.
Transcripts of judgment secured from district court clerk can be submitted to the county clerk for recording under the provisions of this section and the county clerk can record the same by making a photostatic copy of said transcript. 1956 Op. Att'y Gen. No. 56-6528.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments §§ 121, 368.
Mere rendition or formal entry or docketing of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162.
49 C.J.S. Judgments §§ 122, 126, 127, 463.
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.