Judgments

NMSA 1978 ch. 39, art. 1

in effect

NMSA 1978, § 39-1-1 [Judgments and decrees; interlocutory orders; period of control over final judgment.]

39-1-1. [Judgments and decrees; interlocutory orders; period of control over final judgment.] Any judgment, or decree, except in cases where trial by jury is necessary, may be rendered by the judge of the district court at any place where he may be in this state, and the district courts, except for jury trials, are declared to be at all times in session for all purposes, including the naturalization of aliens. Interlocutory orders may be made by such judge wherever he may be in the state, on notice, where notice is required, which notice, if outside of his district, may be enlarged beyond the statutory notice, for such time as the court shall deem proper. Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any motion which may have been filed within such period, directed against such judgment; provided, that if the court shall fail to rule upon such motion within thirty days after the filing thereof, such failure to rule shall be deemed a denial thereof; and, provided further, that the provisions of this section shall not be construed to amend, change, alter or repeal the provisions of Sections 4227 or 4230, Code 1915. Laws 1897, ch. 73, § 103; C. L. 1897, § 2685 (103); Code 1915, § 4185; Laws 1917, ch. 15, § 1; C. S. 1929, § 105-801; 1941 Comp., § 19-901; 1953 Comp., § 21-9-1.

NMSA 1978, § 39-1-2 [Judgment rendered subsequent to hearing; notice to attorneys.]

39-1-2. [Judgment rendered subsequent to hearing; notice to attorneys.] Upon any hearing before the judge of a court, wherein the judgment of the court upon such hearing shall not be rendered at the time of such hearing, but shall be taken under advisement by the judge, no judgment or order relative to the matters pertaining to such hearing shall be entered until notice of the same shall have been given to the attorneys for the respective parties in the action. Laws 1897, ch. 73, § 136; C.L. 1897, § 2685(136); Code 1915, § 4229; C.S. 1929, § 105-845; 1941 Comp., § 19-902; 1953 Comp., § 21-9-2.

NMSA 1978, § 39-1-3 [Death of party after verdict.]

39-1-3. [Death of party after verdict.] If either party to any suit shall die between verdict and judgment, the judgment shall be entered as if both parties were living. Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 14; C.L. 1884, § 2135-A; C.L. 1897, § 3074; Code 1915, § 3083; C.S. 1929, § 76-115; 1941 Comp., § 19-903; 1953 Comp., § 21-9-3.

NMSA 1978, § 39-1-4 [Entry of judgment; execution; motion for new trial.]

39-1-4. [Entry of judgment; execution; motion for new trial.] Judgment shall be entered and execution may be issued thereon unless a motion for a new trial is made within the time provided by law, and granted or continued during the term at which the case is tried. Laws 1897, ch. 73, § 135; C.L. 1897, § 2685(135); Code 1915, § 4228; C.S. 1929, § 105-844; 1941 Comp., § 19-904; 1953 Comp., § 21-9-4.

NMSA 1978, § 39-1-5 [Judgments enforced; duty of judge.]

39-1-5. [Judgments enforced; duty of judge.] It shall be the duty of the judge of any court to cause judgment, sentence or decree of the court to be carried into effect, according to law. Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 16; C.L. 1884, § 1832; C.L. 1897, § 2878; Code 1915, § 1360; C.S. 1929, § 34-107; 1941 Comp., § 19-905; 1953 Comp., § 21-9-5.

NMSA 1978, § 39-1-6 Money judgment; docketing; transcript of judgment; lien on real estate; supersedeas

39-1-6. Money judgment; docketing; transcript of judgment; lien on real estate; supersedeas Any money judgment rendered in the supreme court, court of appeals, district court or metropolitan court shall be docketed by the clerk of the court and a transcript or abstract of judgment may be issued by the clerk upon request of the parties. The judgment shall be a lien on the real estate of the judgment debtor from the date of the filing of the transcript of the judgment in the office of the county clerk of the county in which the real estate is situate. Upon approval and filing of a supersedeas bond upon appeal of the cause as provided by law, the lien shall be void. Judgment shall be enforced for not more than fourteen years thereof. Laws 1891, ch. 67, § 1; C.L. 1897, § 3069; Code 1915, § 3079; C.S. 1929, § 76-110; 1941 Comp., § 19-906; Laws 1949, ch. 110, § 1; 1953 Comp., § 21-9-6; Laws 1955, ch. 69, § 1; 1966, ch. 28, § 32; 1973, ch. 25, § 1; 1983, ch. 89, § 1.

NMSA 1978, § 39-1-6.1 Judgment liens; release; penalties

39-1-6.1. Judgment liens; release; penalties When any judgment giving rise to a subsisting lien pursuant to Section 39-1-6 NMSA 1978 upon any real estate in the state has been fully satisfied, it is the duty of the judgment creditor to file a release of the lien in the office of the county clerk of the county in which the real estate is situate. The cost of filing the release of lien shall be assessed against the judgment debtor and shall be collected before the release of lien is required to be filed. Laws 1985, ch. 165, § 1.

NMSA 1978, § 39-1-6.2 Judgment debts; discharge

39-1-6.2. Judgment debts; discharge A. All judgments and decrees for payment of money rendered in the courts of this state and which have become final may be satisfied, if the judgment creditor cannot be found after a diligent search, by payment of the full amount of such judgment or decree, with interest thereon to date of payment, plus any post-judgment costs incurred by the judgment creditor which can be determined from the court record and the costs of court for receiving into and paying the money out of the registry of the court. B. Upon such payment, the clerk, or the judge if there is no clerk, shall issue a receipt therefor and shall enter a satisfaction of such judgment in the record, and shall formally notify the judgment creditor of such judgment or decree, if known; and upon the request therefor, shall pay over to the judgment creditor, or to his order, the full amount of the judgment, costs and interest collected. C. Full payment of judgments and decrees pursuant to Subsections A and B of this section shall constitute full satisfaction thereof, and any lien created by such judgment or decree shall thereupon be satisfied and discharged. D. Unclaimed funds in the court registry shall be disposed of pursuant to the Uniform Disposition of Unclaimed Property Act, Sections 7-8-1 through 7-8-34 NMSA 1978. E. Unclaimed funds in the court registry shall be deposited in an interest-bearing account at an institution acceptable to the court. Interest on such funds shall accrue to the benefit of any person found entitled to claim the funds. Laws 1985, ch. 150, § 1.

NMSA 1978, § 39-1-7 Transcript; judgment records

39-1-7. Transcript; judgment records Transcripts of judgments shall be recorded in the county clerk's records. Any recording method used by a county clerk prior to July 1, 1983 in which transcripts of judgments were officially and properly recorded in the county clerk's records are validated and confirmed. Laws 1891, ch. 67, § 2; C.L. 1897, § 3070; Code 1915, § 3080; C.S. 1929, § 76-111; 1941 Comp., § 19-907; 1953 Comp., § 21-9-7; Laws 1966, ch. 28, § 33; 1983, ch. 89, § 2; 1983, ch. 169, § 1.

NMSA 1978, § 39-1-8 Transcript of judgment; contents; fee for issuance

39-1-8. Transcript of judgment; contents; fee for issuance A. The transcript of judgment issued by the clerks of the supreme court, court of appeals, district courts and metropolitan courts shall show: (1) the names of the parties; (2) the number and nature of the case; (3) the court in which judgment was rendered; (4) the date of judgment, amount of damages, amount of costs, total amount of judgment and date of docket; (5) the attorney for the creditor; (6) issuance and return of executions, if any; and (7) satisfaction of judgment when paid. Laws 1891, ch. 67, § 3; C.L. 1897, § 3071; Code 1915, § 3081; C.S. 1929, § 76-113; 1941 Comp., § 19-908; 1953 Comp., § 21-9-8; Laws 1966, ch. 28, § 34; 1983, ch. 89, § 3.

NMSA 1978, § 39-1-9 [Confession of judgments; entry.]

39-1-9. [Confession of judgments; entry.] Judgment by confession, without action, may be entered by the clerk of the district courts in this state in term time or in vacation, in the manner hereinafter prescribed. Laws 1889, ch. 20, § 1; C.L. 1897, § 3077; Code 1915, § 3071; C.S. 1929, § 76-102; 1941 Comp., § 19-909; 1953 Comp., § 21-9-9.

NMSA 1978, § 39-1-10 [Subject of judgment by confession.]

39-1-10. [Subject of judgment by confession.] Such confession can be only for money due, or to become due, or to secure a person against contingent liabilities on behalf of the defendant and must be for a specified sum. Laws 1889, ch. 20, § 2; C.L. 1897, § 3078; Code 1915, § 3072; C.S. 1929, § 76-103; 1941 Comp., § 19-910; 1953 Comp., § 21-9-10.

NMSA 1978, § 39-1-11 [Form of confession of judgment.]

39-1-11. [Form of confession of judgment.] A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk: A. if for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due, as the case may be; B. if for the purpose of securing the plaintiff against a contingent liability, it must state fully but concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same. Laws 1889, ch. 20, § 3; C.L. 1897, § 3079; Code 1915, § 3073; C.S. 1929, § 76-104; 1941 Comp., § 19-911; 1953 Comp., § 21-9-11.

NMSA 1978, § 39-1-12 Record and transcript of judgment by confession; execution

39-1-12. Record and transcript of judgment by confession; execution The clerk shall record the confession of judgment in his court record for such county and shall issue the transcript of judgment or execution as in other cases or as may be stipulated between the parties pursuant to Section 39-1-13 NMSA 1978. Laws 1889, ch. 20, § 4; C.L. 1897, § 3080; Code 1915, § 3074; C.S. 1929, § 76-105; 1941 Comp., § 19-912; 1953 Comp., § 21-9-12; Laws 1983, ch. 89, § 4.

NMSA 1978, § 39-1-13 [Conditions to stay execution of judgment by confession.]

39-1-13. [Conditions to stay execution of judgment by confession.] Any defendant so confessing judgment, may attach such condition or conditions thereto as to stay of execution, not to exceed one year, as the beneficiary may agree to by signing the same. Laws 1889, ch. 20, § 5; C.L. 1897, § 3081; Code 1915, § 3075; C.S. 1929, § 76-106; 1941 Comp., § 19-913; 1953 Comp., § 21-9-13.

NMSA 1978, § 39-1-14 [Effect of confessed judgment; transcripts filed in other counties; liens.]

39-1-14. [Effect of confessed judgment; transcripts filed in other counties; liens.] Such judgment, when so filed, recorded and docketed, shall have all the binding force and effect that judgments obtained in the regular manner have by law in said courts, as to being liens upon real estate of such defendant, and otherwise. And the beneficiary, under such judgment, shall have the same right to file transcripts thereof in other counties to be a lien upon the real estate of such defendant, as any plaintiff has, under the law, in like manner, filing a certified transcript thereof in the office of the county clerk of such other county or counties. Laws 1889, ch. 20, § 6; C.L. 1897, § 3082; Code 1915, § 3076; C.S. 1929, § 76-107; 1941 Comp., § 19-914; 1953 Comp., § 21-9-14.

NMSA 1978, § 39-1-15 [Affidavit of good faith.]

39-1-15. [Affidavit of good faith.] No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in Section 39-1-11 NMSA 1978, an affidavit setting forth that the same is made in good faith to secure such beneficiary in debt or contingent liability justly due in the sum thus confessed or necessarily entered into, and not with the intention of defrauding any of such defendant's creditors. Laws 1889, ch. 20, § 8; C.L. 1897, § 3084; Code 1915, § 3078; C.S. 1929, § 76-109; 1941 Comp., § 19-915; 1953 Comp., § 21-9-15.

NMSA 1978, § 39-1-16 [Contracts providing for confession of judgment before cause of action accrues prohibited.]

39-1-16. [Contracts providing for confession of judgment before cause of action accrues prohibited.] That it shall be unlawful to execute or procure to be executed as part of or in connection with the execution of any negotiable instrument, or other written contract to pay money, and before a cause of action thereon shall have accrued, any contract, agreement, provision or stipulation giving to any person or persons a power of attorney or authority as attorney for the maker or endorser thereof, in his name to appear in any court of record, and waive the service of process in an action to enforce payment of money claimed to be due thereon, or authorizing or purporting to authorize an attorney or agent, howsoever designated, to confess judgment on such instrument for a sum of money to be ascertained in a manner other than by action of the court upon a hearing after notice to the debtor, whether with or without an attorney fee, or authorizing or purporting to authorize any such attorney to release errors and the right of appealing from such judgment, or to consent to the issue of execution on such judgment. Any and all provisions hereinabove declared to be unlawful, contained in any contract, stipulation or power of attorney given or entered into before a cause of action on such promise to pay, shall have accrued, shall be void. Laws 1933, ch. 46, § 1; 1941 Comp., § 19-916; 1953 Comp., § 21-9-16.

NMSA 1978, § 39-1-17 [Execution of foreign judgment based upon confession of judgment prohibited.]

39-1-17. [Execution of foreign judgment based upon confession of judgment prohibited.] No execution, or other process, shall be issued out of any court in this state to aid or enforce the collection of any judgment which may be rendered upon any judgment taken in any other state, or foreign country, and which judgment was founded or based upon any negotiable instrument, or contract, containing any such agreement, stipulation, or provision, as herein prohibited and declared void, in all cases where the court rendering such foreign judgment, obtained or attempted to obtain, jurisdiction of such judgment debtor or debtors, in whole or in part, by virtue of any such contract, agreement, or stipulation, as in this act [39-1-16, 39-1-17 NMSA 1978] declared void and prohibited. No such judgment shall be or become a lien upon real estate. Laws 1933, ch. 46, § 2; 1941 Comp., § 19-917; 1953 Comp., § 21-9-17.

NMSA 1978, § 39-1-18 ["Cognovit note" defined; execution and procurement prohibited; penalty for violation.]

39-1-18. ["Cognovit note" defined; execution and procurement prohibited; penalty for violation.] That any negotiable instrument, or other written contract to pay money, which contains any provision or stipulation giving to any person any power of attorney, or authority as attorney, for the maker, or any indorser [endorser], or assignor, or other person liable thereon, and in the name of such maker, indorser [endorser], assignor, or other obligor to appear in any court, whether of record or inferior, or to waive the issuance or personal service of process in any action to enforce payment of the money, or any part claimed to be due thereon, or which contains any provision or stipulation authorizing or purporting to authorize an attorney, agent or other representative, be he designated howsoever, to confess judgment on such instrument for a sum of money when such sum is to be ascertained, or such judgment is to be rendered or entered otherwise than by action of court upon a hearing after personal service upon the debtor, whether with or without attorney's fee, or which contains any provision or stipulation authorizing or purporting to authorize any such attorney, agent, or representative to release errors, or the right of appeal from any judgment thereon, or consenting to the issuance of execution on such judgment, is hereby designated, defined and declared to be a cognovit note. Any person, natural or corporate, who directly or indirectly shall procure another, or others, to execute as maker, or to indorse [endorse], or assign such cognovit note, or whoever being the payee, indorsee [endorsee] or assignee thereof shall accept and retain in his possession any such instrument, or whoever shall conspire or confederate with another, or others, for the purpose of procuring the execution, indorsement [endorsement] or assignment of any such instrument, or whoever shall attempt to recover upon or enforce within this state any judgment obtained in any other state or foreign country based upon any such instrument, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00), and not exceeding five hundred dollars ($500.00), to which may be added imprisonment for not less than thirty (30) days. Laws 1933, ch. 48, § 1; 1941 Comp., § 19-918; 1953 Comp., § 21-9-18.

NMSA 1978, § 39-1-20 Execution after judgment

39-1-20. Execution after judgment An execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment. Laws 1887, ch. 61, § 2; C.L. 1897, § 3086; Code 1915, § 3086; C.S. 1929, § 76-118; 1941 Comp., § 19-920; 1953 Comp., § 21-9-20; Laws 1965, ch. 282, § 2; 1971, ch. 122, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18539/index.doFetched: 10/20/2026