A. The garnishment shall be served on the garnishee within the magistrate district in the manner provided by law for service of a civil summons in the magistrate court and shall order the garnishee in the action to appear before the magistrate within twenty days from the date of service to answer under oath, as of the date the garnishment was served and also as of the date of his answer:
(1) what, if anything, he is indebted to the defendant and on what account;
(2) what, if any, personal property of the defendant is in his possession; and
(3) what other persons, if any, within his knowledge are indebted to the defendant or have personal property of the defendant in their possession.
B. Return on the garnishment shall be made in the manner provided by law for return on a civil summons in the magistrate court.
History: 1953 Comp., § 36-14-2, enacted by Laws 1968, ch. 62, § 134.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-2, 1953 Comp., relating to discharge upon giving bond, effective January 1, 1969.
Cross references. — For service of writs of garnishment on state employees, see 38-1-17 NMSA 1978.
For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq.
Perfection of the writ of garnishment occurred on the date of service of the writ, and the lack of a judgment against the garnishee had no effect, as any judgment would relate back to the date of service of the writ. Behles v. Ellermeyer (In re Lucas), 107 Bankr. 332 (Bankr. D.N.M. 1989).
Service of the writ of garnishment creates a lien on the property attached, which is a transfer within the meaning of the Federal Bankruptcy Law. Behles v. Ellermeyer (In re Lucas), 107 Bankr. 332 (Bankr. D.N.M. 1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 339 to 341.
Service of process in garnishment of foreign corporation doing business in state, 113 A.L.R. 140.
Who may serve writ, summons, or notice of garnishment, 75 A.L.R.2d 1437.
United States Postal Service as subject to garnishment, 38 A.L.R. Fed. 546.
38 C.J.S. Garnishment § 174 et seq.; 51 C.J.S. Justices of the Peace § 78(4).