New Mexico Supreme Court Suspends Writs of Garnishment

The suspension applies to consumer debt collection cases until further notice from the court.

6/8/2020 10:30 AM

COVID-19NewsStateAdvocacy
New Mexico Supreme Court Suspends Writs of Garnishment

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.

For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at Licensing@acainternational.org or call (952) 926-6547.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

New Mexico Supreme Court Suspends Writs of Garnishment

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.

For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at Licensing@acainternational.org or call (952) 926-6547.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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