The suspension applies to consumer debt collection cases until further notice from the court.
6/8/2020 11:30
The New Mexico Supreme Court has suspended the issuance of new writs of garnishment and writs of execution for consumer debt collection in district, magistrate and metropolitan court cases in response to the COVID-19 public health emergency, according to a news release.
The suspension is in effect from June 8 until the state’s supreme court lifts the order.
The order, approved 4-1 by Justice Barbara J. Vigil, Justice Michael E. Vigil, Justice C. Shannon Bacon and Justice David K. Thomson, with Chief Justice Judith K. Nakamura dissenting, states the court acted, “in response to the extraordinary circumstances presented by the current public health emergency and balanced the interests of creditors trying to collect money owed to them while protecting the due process rights of New Mexicans to claim exemptions and protect their assets from garnishment and execution as provided by law.”
The order is specifically in response to recent increases in New Mexico’s unemployment rate as a result of the public health emergency and the “ability of many New Mexicans to appear in court, obtain representation, and avail themselves of self-help resources to claim exemptions from garnishment and execution.”
Proceedings on new writs of garnishment in consumer debt collection cases filed on or after June 8 will be stayed and the time for collecting on the judgment shall be tolled while the stay is in effect, according to the order.
The court notes in the order that all other rules pertaining to consumer debt collection cases shall remain unaffected by the terms of the order and that no provision of this order shall be construed as relieving a debtor of any liability.
The order does not apply to domestic support obligations, including child support and spousal maintenance obligations.
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