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NM Judgment Collection

How to Collect Your Judgment in New Mexico

You already won. Here's how to actually get paid — debtor's exam, wage garnishment, bank levies, and property liens, with the exact New Mexico forms and deadlines.

14 years (renewable)
Judgment good for
8.75% per year (standard); 15% per year if the judgment is based on tortious conduct, bad faith, or intentional/willful acts; if on a written instrument with a different rate, no higher than that instrument's rate
Interest accrues at
Available
Wage garnishment
Available
Property lien

Your collection options in New Mexico

Work them roughly in this order — find the assets first, then go after them.

1

Find the money — debtor's asset exam

Form Rule 1-069 NMRA

Compels the debtor to disclose, under oath, where they bank, work, and what they own — the information every other step depends on.

After judgment, the creditor may use Rule 1-069 NMRA to examine the judgment debtor (or third parties) under oath about assets, and may serve a subpoena/subpoena duces tecum compelling the debtor to appear and produce records. In magistrate/metropolitan court the parallel garnishment and execution rules are 2-802 and 3-802 NMRA. Procedures and any fees are set per judicial district.

2

Garnish wages

Form Application for Writ of Garnishment / Writ of Garnishment (Form 4-806 NMRA in magistrate court)

Diverts part of the debtor's paycheck to you — up to Lesser of 25% of disposable earnings, or the amount by which weekly disposable earnings exceed 40x the highest applicable minimum hourly wage at the place the wages were earned.

Except for alimony/child support, a creditor must generally pursue a Writ of Execution before a wage garnishment. Creditor files an Application for Writ of Garnishment; after the writ is served, the garnishee (employer/bank) must file a written Answer within 20 days. Garnishment reaches both wages and bank accounts.

Filed with: Court that entered the judgment (district, magistrate, or metropolitan court). Garnishment of a magistrate-court judgment is governed by NMSA Chapter 35, Article 12 and Rule 2-802 NMRA.

3

Levy the bank account

Form Writ of Garnishment (Form 4-806 NMRA, magistrate); Writ of Execution (district court, NMSA 39-4-1)

Freezes and pulls non-exempt funds straight from the debtor's bank account.

A bank account is reached by serving a Writ of Garnishment on the bank (garnishee), which must answer within 20 days; or by a sheriff's levy under a Writ of Execution. The creditor files an Application for Writ of Garnishment with the court that entered the judgment.

4

Lien their real estate

Attaches to property the debtor owns — you get paid when they sell or refinance. The cheap, passive backstop.

A money judgment from the supreme court, court of appeals, district court, or metropolitan court is docketed by the clerk, who issues a certified transcript/abstract of judgment on request. The creditor files (records) the transcript with the county clerk of each county where the debtor owns real estate. The judgment becomes a lien on the debtor's real estate in that county from the date the transcript is filed (NMSA 1978 Section 39-1-6).

The fine print that matters in New Mexico

How long your judgment lasts

Under NMSA 1978 Section 37-1-2, an action on a NM judgment may be brought within 14 years of entry, and a judgment may be revived. Execution may issue at any time within 7 years after rendition or revival of the judgment. The 2021 amendment caps ultimate enforceability at 14 years from the date of the original judgment (a revived/renewed judgment is not enforceable beyond 14 years from the original).

Interest while you wait

NMSA 1978 Section 56-8-4(A). Rate is fixed by statute (not reset annually).

What the debtor can protect (exemptions)

Wage exemption: greater of 75% of disposable earnings or 40x the highest applicable minimum hourly wage per week is exempt (NMSA 35-12-7). NM also has homestead and personal-property exemptions that limit execution sales. Specific magistrate/district filing fees vary by judicial district.

New Mexico gotchas

NM judgments are capped at 14 years of enforceability from the ORIGINAL judgment date (2021 amendment) — reviving does not extend beyond that. Execution must issue within 7 years of rendition/revival, a separate, shorter clock than the 14-year action window. Except for support, a creditor generally must first obtain a Writ of Execution before garnishing wages. Real-property lien attaches only on filing a certified transcript of judgment with the county clerk (one per county) — the lien duration is not fixed at a set number of years by statute but is bounded by the judgment's enforceability.

Let us prepare your New Mexico collection paperwork

We prepare your New Mexico-specific enforcement forms — debtor's exam, garnishment, levy, or lien — plus a plain-English playbook telling you exactly where to file and what each step costs. You file them; we never charge a cut of what you collect.

$299
flat — plus the court/sheriff's own filing fees, paid directly

Collection firms take 33–50% of what they recover. On a $4,000 judgment that's $1,300–$2,000. Our flat fee keeps the rest in your pocket.

New Mexico Judgment Collection FAQ

A New Mexico judgment is enforceable for 14 years, and can be renewed before it expires. Under NMSA 1978 Section 37-1-2, an action on a NM judgment may be brought within 14 years of entry, and a judgment may be revived. Execution may issue at any time within 7 years after rendition or revival of the judgment. The 2021 amendment caps ultimate enforceability at 14 years from the date of the original judgment (a revived/renewed judgment is not enforceable beyond 14 years from the original).

Yes. Garnishment in New Mexico can reach Lesser of 25% of disposable earnings, or the amount by which weekly disposable earnings exceed 40x the highest applicable minimum hourly wage at the place the wages were earned. Exemptions: 75% of disposable earnings (or 40x the highest applicable minimum hourly wage per week, whichever is greater) is exempt under NMSA 1978 Section 35-12-7.

Through Examination of Judgment Debtor (Rule 1-069 NMRA, district court; supplementary proceedings to discover assets) (Rule 1-069 NMRA) — the court orders the debtor to appear and disclose their assets under oath. After judgment, the creditor may use Rule 1-069 NMRA to examine the judgment debtor (or third parties) under oath about assets, and may serve a subpoena/subpoena duces tecum compelling the debtor to appear and produce records. In magistrate/metropolitan court the parallel garnishment and execution rules are 2-802 and 3-802 NMRA. Procedures and any fees are set per judicial district.

A money judgment from the supreme court, court of appeals, district court, or metropolitan court is docketed by the clerk, who issues a certified transcript/abstract of judgment on request. The creditor files (records) the transcript with the county clerk of each county where the debtor owns real estate. The judgment becomes a lien on the debtor's real estate in that county from the date the transcript is filed (NMSA 1978 Section 39-1-6).

You pay the court and sheriff their own filing/levy fees directly (usually modest, and recoverable from the debtor). Our Judgment Collection service is a flat $299 — we prepare your New Mexico-specific enforcement forms and a step-by-step filing playbook; you file them. Compared with collection firms that take 33–50% of what they recover, that's hundreds to thousands less on a typical judgment.

Some debtors are "judgment-proof" — no job, no bank account, no equity — and no tool can squeeze money that isn't there. The honest play is the debtor's exam to confirm what exists, then keep the judgment alive (it lasts 14 years and is renewable) and try again when their situation changes. We give you the tools, not a guaranteed payout.

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