Affidavits for writs of replevin shall be in substantially the following form:
"STATE OF NEW MEXICO
COUNTY OF ____________________________
(Name), Plaintiff
) )
v.
)
CIVIL DOCKET NO. ________
(Name), Defendant
) )
AFFIDAVIT IN REPLEVIN
I, (plaintiff or attorney), being duly sworn, state that (plaintiff) is lawfully entitled to the possession of (property); that the same was wrongfully taken or wrongfully detained by (defendant); that (plaintiff) has reason to believe that (defendant) may conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the jurisdiction during the pendency of the action; that the right of action originated within one year; and that the following facts, from which it clearly appears that the above allegations are justified, are true:
Sworn _________________________ PLAINTIFF
Approved:
_________________________________ DISTRICT COURT JUDGE."
History: 1953 Comp., § 22-17-17.1, enacted by Laws 1975, ch. 249, § 4.
Cross references. — For suit on bond, see 46-6-7 NMSA 1978.
For replevin bond for trespassing animals in irrigation district, see 77-14-14 NMSA 1978.
Affidavit in replevin in substantial compliance with statute is sufficient, and where the form prescribed does not state the value of the property, and the statute does not require the value to be stated, an affidavit is not defective because it fails to set forth the value. Trujillo v. Tucker, 1918-NMSC-044, 24 N.M. 339, 171 P. 788 (decided under former law).
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.