Section 35-12-16 - Garnishment; costs; attorney fees. - New Mexico Statutes

35-12-16. Garnishment; costs; attorney fees.

A.     If the plaintiff prevails in a garnishment proceeding, he may be awarded either one or both of the following:   

(1)     the actual costs of the proceeding, not exceeding ten percent of the judgment entered against the garnishee; or   

(2)     a reasonable attorney fee not exceeding ten percent of the judgment entered against the garnishee.   

B.     If the garnishee answers as required by law, the court shall award the garnishee his actual costs and a reasonable attorney fee. The award shall be against the defendant if the plaintiff prevails and against the plaintiff if the garnishee prevails.