New Mexico Foreign Judgment Enrollment
New Mexico Statutes
Chapter 39 Judgment; Costs
ARTICLE 4A
FOREIGN JUDGMENTS
Short title.
This act [39-4A-1 to 39-4A-6 NMSA 1978] may be cited as the "Foreign
Judgments Act". Chap. 39, Art. 4-A, §39-4A-1.
Definitions.
As used in the Foreign Judgments Act [39-4A-1 to 39-4A-6 NMSA 1978]
"foreign judgment" means any judgment, decree or order of a court of the
United States or of any other court which is entitled to full faith and
credit in this state. Chap. 39, Art. 4-A, §39-4A-2.
Filing and status of foreign judgments.
A. A copy of any foreign judgment authenticated in
accordance with an act of congress or the statutes of this state may be
filed in the office of the clerk of the district court of any county of
this state in which the judgment debtor resides or has any property or
property rights subject to execution, foreclosure, attachment or garnishment.
The clerk shall treat the foreign judgment in the same manner as a judgment
of the district court of this state. A judgment so filed shall have the
same effect and is subject to the same procedures, defenses and proceedings
for reopening, vacating, staying, enforcing or satisfying as a judgment
of the district court of this state and may be enforced or satisfied in
like manner, except as provided in Subsection B of this section.
B. All property in this state of a judgment debtor is exempt
from execution issuing from a foreign judgment filed pursuant to Subsection
A of this section that is in favor of any state for failure to pay that
state's income tax on benefits received from a pension or other retirement
plan. Chap. 39, Art. 4-A, §39-4A-3.
Notice of filing.
A. At the time of the filing of the foreign judgment,
the judgment creditor or his lawyer shall make and file with the clerk
of the district court an affidavit setting forth the name and last known
address of the judgment debtor and the judgment creditor.
B. Promptly upon the filing of the foreign judgment and the
affidavit, the clerk of the district court shall mail a notice of the filing
of the Foreign judgment to the judgment debtor at the address given and
shall make a note of the mailing in the docket. The notice shall include
the name and address of the judgment creditor and his attorney, if any,
in this state. In addition, the judgment creditor shall mail a notice
of the filing of the judgment to the judgment debtor, certified mail, and
shall file proof of the mailing with the clerk.
C. No execution or other process for enforcement of a foreign
judgment filed pursuant to this section shall issue until twenty days after
the date the judgment is filed. Chap. 39, Art. 4-A, §39-4A-4.
Stay.
A. If the judgment debtor shows the district court
that a stay of execution has been granted, the court shall stay enforcement
of the foreign judgment until the appeal is concluded, the time for appeal
expires or the stay of execution expires or is vacated, upon proof that
the judgment debtor has furnished the security for the satisfaction of
the judgment required by the state in which it was rendered.
B. If the judgment debtor shows the district court sufficient
grounds upon which enforcement of a judgment of any district court of this
state would be stayed, the court shall stay enforcement of the foreign
judgment for an appropriate period, upon requiring the same security for
satisfaction that is required in this state. Chap. 39, Art. 4-A,
§39-4A-5.
Optional procedure.
The right of a judgment creditor to bring an action to enforce
his judgment instead of proceeding under the Foreign Judgments Act [39-4A-1
to 39-4A-6 NMSA 1978] remains unimpaired. Chap. 39, Art. 4-A, §39-4A-6.
