Debts not yet due to the defendant may be garnished, but no execution shall be awarded against the garnishee for such debts until they become due. The magistrate may order the defendant to deliver the evidence of such indebtedness to the court. If the defendant alleges an endorsement or delivery of the evidence before the court's order came to his knowledge, the court may inquire into the consideration and good faith of the transfer and, if the court determines that the endorsee or transferee holds by fraudulent endorsement or delivery, it may order delivery of the evidence to the court. When any evidence of indebtedness is delivered to the court under this section, the court shall notify any endorsers of its nonpayment at maturity, and the garnishment proceedings shall remain open until it becomes due.
History: 1953 Comp., § 36-14-6, enacted by Laws 1968, ch. 62, § 138.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-14-6, 1953 Comp., relating to peace bond procedure, effective January 1, 1969.
Effect of nonnegotiability of note provision. — The insertion of a provision specifying the nonnegotiability of a note cannot circumvent a judgment creditor's right to garnishment. The nonnegotiability of the note does not preclude the underlying debt due from the garnishee to the defendant from being collected by garnishment, as under 35-12-5 NMSA 1978, monies due under a chose in action are subject to garnishment. Jemko, Inc. v. Liaghat, 1987-NMCA-069, 106 N.M. 50, 738 P.2d 922.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment § 56.
Garnishment of money due only on further performance of contract by debtor, 2 A.L.R. 506.
Garnishment of money in escrow, 10 A.L.R. 741.
Right of garnishee, other than bank holding deposit, to set off claims not due or certain when garnishment is served, 57 A.L.R.2d 700.
38 C.J.S. Garnishment § 91 et seq.