An execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment.
History: Laws 1887, ch. 61, § 2; C.L. 1897, § 3086; Code 1915, § 3086; C.S. 1929, § 76-118; 1941 Comp., § 19-920; 1953 Comp., § 21-9-20; Laws 1965, ch. 282, § 2; 1971, ch. 122, § 2.
ANNOTATIONSCross references. — For execution and foreclosure generally, see 39-4-1 NMSA 1978 et seq.
For attachment and garnishment generally, see 42-9-1 NMSA 1978 et seq.
For stay of proceedings to enforce a judgment, see Rule 1-062 NMRA.
For supplementary judgment proceedings, see Rule 1-069 NMRA.
Revival of judgment. — Section 39-1-20 NMSA 1978 prohibits execution on a judgment more than seven years after its issuance or revival. Plaintiff is free to pursue his execution remedy through a different procedure. Nothing in Section 39-1-20 NMSA 1978 prohibits a judgment creditor from seeking execution following revival under Section 37-1-2 NMSA 1978. Fischoff v. Tometich, 1991-NMCA-144, 113 N.M. 271, 824 P.2d 1073.
Scire facias to revive judgment is included in word "action" in this section. Browne v. Chavez, 181 U.S. 68, 21 S. Ct. 514, 45 L. Ed. 752 (1901) (decided under former law).
Claim of exemption not effective under second execution. — A claim of exemption made under an original execution did not remain effective to prevent a sale under a second or alias execution. Meyers Co. v. Mirabal, 1921-NMSC-098, 27 N.M. 472, 202 P. 693.
Foreign judgments later domesticated. — Actions to domesticate a foreign judgment are governed by 37-1-2 NMSA 1978 and as such these actions must be brought within the applicable period of limitation for foreign judgments. Accordingly, a 1989 judgment on the domestication issue converted the foreign judgment into a New Mexico judgment from which date the applicable state statutes of limitations commenced running. Plaintiff's 1992 action for a charging order based on the 1989 judgment satisfied the three alternative state statutes of limitations (37-1-4, 39-1-20, 37-1-2 NMSA 1978) and does not force a decision on the "correct" statute. Galef v. Buena Vista Dairy, 1994-NMCA-068, 117 N.M. 701, 875 P.2d 1132.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Part payment or promise to pay judgment as affecting time for execution, 45 A.L.R.2d 967.
49 C.J.S. Judgments §§ 585, 586.