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Section 60-8A-5 - Debts for merchandise sold in violation of law unenforceable; no garnishment on sales by retailers and dispensers.

NM Stat § 60-8A-5 (2019) (N/A)
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No action shall be maintained or a garnishment or attachment be issued to collect any debt for merchandise sold, served or delivered in violation of the Liquor Control Act [60-3A-1 NMSA 1978]. No writ of garnishment shall issue where the debt or obligation or the cause of action in the original suit or the garnishment action is founded upon the sale or purchase of alcoholic beverages by or from a retailer or dispenser as defined in Section 3 [60-3A-3 NMSA 1978] of that act.

History: Laws 1981, ch. 39, § 76.

Writ of garnishment. — Laws 1909, ch. 62, § 1, relating to writs of garnishment and grounds for garnishment, was repealed by Laws 1969, ch. 139, § 2.

Application of section. — This section applies not only to illegal credit sales by retailers to consumers, but sanction of disallowing actions to recover debt also applies to violations of the tied-house laws. N.M. Beverage Co. v. Blything, 1985-NMSC-039, 102 N.M. 533, 697 P.2d 952.

Law reviews. — For survey of 1990-91 commercial law, see 22 N.M.L. Rev. 661 (1992).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 213.

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