In any civil action involving liability for a deficiency pursuant to Section 55-9-504 or 58-19-7 NMSA 1978, the debtor, if prevailing, may in the discretion of the court be allowed a reasonable attorney fee set by the court and taxed and collected as costs.
History: Laws 1981, ch. 10, § 3.
ANNOTATIONSReplevin counterclaim was not a civil action "involving liability for a deficiency pursuant to Section 55-9-504" for which the court could allow a reasonable attorney fee to the debtor. Green Tree Acceptance, Inc. v. Layton, 1989-NMSC-006, 108 N.M. 171, 769 P.2d 84.