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NEW MEXICO STATUTES AND CODES

Section 35-12-5 - Garnishment; controverting garnishee's answer.

35-12-5. Garnishment; controverting garnishee's answer.

A.     If the plaintiff or defendant is not satisfied with the answer of any garnishee, he may controvert it by stating how he believes it is incorrect, and the issue shall be tried and determined by the magistrate court.   

B.     Any person claiming personal property, money or any chose in action garnished may intervene in the action, and no judgment shall be rendered against the garnishee until the intervention is tried and determined by the magistrate court.   

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