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Civil litigation

execution of judgment

Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In New Mexico, the execution of judgment is governed by state statutes and rules of civil procedure. When a judgment creditor—someone who has won a monetary judgment in a lawsuit—wishes to collect on that judgment, they may request a writ of execution from the court. This writ authorizes a sheriff or constable to seize assets belonging to the judgment debtor to satisfy the debt. The assets may include personal property, real estate, or other valuable items. Once the assets are seized, they may be sold at a public auction. The proceeds from the sale are then used to pay the judgment creditor. The process ensures that the judgment creditor can enforce the court's decision and recover the money owed. It's important to note that certain property may be exempt from seizure under New Mexico law, and the judgment debtor can claim these exemptions to protect their assets from being taken.

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Civil litigation

execution of judgment

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New-Mexico State Code

New-Mexico State Code

Civil litigation

execution of judgment

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