A. The attachment shall order the sheriff or a full-time, salaried deputy sheriff to attach personal property of the defendant within the magistrate district having a value sufficient to satisfy the amount claimed in the complaint in the action, safely to keep the property to satisfy any judgment that might be recovered in the action and to make return of the attachment to the magistrate at the time specified therein not less than five days nor more than fifteen days from the date of issuance.

B. The sheriff or deputy shall comply with the order and:

(1) immediately make an inventory of the property seized; and

(2) serve on the defendant personally, or, if the defendant cannot be found, leave at the defendant's residence, or if the defendant has no residence, leave with the person in whose possession the property is found, the civil complaint and summons and form for answer to civil complaint, along with a copy of the attachment and his inventory.

C. No property attached by the sheriff or deputy shall be removed by him if the person in possession of, or claiming, the property gives him a bond to the plaintiff in double the sum claimed in the complaint in the action, or in double the value of the property attached, whichever is less, conditioned that such property will be produced to satisfy any execution that might be issued upon any judgment which might be obtained by the plaintiff in the action.

History: 1953 Comp., § 36-11-2, enacted by Laws 1968, ch. 62, § 115.

Cross references. — For applicability of personal property exemptions under 42-10-1 to 42-10-7 NMSA 1978, see 35-4-2 NMSA 1978.

For exemption of retirement funds and benefits for public officers and employees, see 10-11-135 NMSA 1978.

For exemption of welfare benefits, see 27-2-21 NMSA 1978.

For exemption of interest and benefits of state police pension fund, see 29-4-10 NMSA 1978.

For executions not to go against lands, see 39-4-2 NMSA 1978.

For exemption of unemployment compensation benefits, see 51-1-37 NMSA 1978.

For exemption of workers' compensation benefits, see 52-1-52 NMSA 1978.

For exemption of occupational disease benefits, see 52-3-37 NMSA 1978.

For exemption of minimum membership holdings in cooperative associations, see 53-4-28 NMSA 1978.

For exemption of assets of insurance companies undergoing delinquency proceedings, see 59A-41-23 NMSA 1978.

For exemption of fraternal benefit societies payments, see 59A-44-18 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 288 to 329.

Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.

7 C.J.S. Attachment § 170 et seq. 51 C.J.S. Justices of the Peace § 77 (6), (7).