Section 35-9-1 - Attachment; affidavit and bond; grounds. - New Mexico Statutes

35-9-1. Attachment; affidavit and bond; grounds.

A.     An attachment may be issued in a civil action in the magistrate court only upon the filing of a civil complaint, accompanied by:   

(1)     a bond to the defendant in double the sum claimed in the complaint, with sufficient sureties, conditioned that the plaintiff will diligently prosecute the action to final judgment without delay and will pay the defendant all damages and costs sustained from the attachment if no judgment is recovered against the defendant in the action; and   

(2)     an affidavit of the plaintiff that one or more of the following facts exists:   

(a)     the defendant is not a resident of this state;   

(b)     the defendant has concealed himself or left his usual place of abode in this state so that ordinary civil process cannot be served on him;   

(c)     the defendant is about to remove his personal property out of this state or has concealed or disposed of his property fraudulently so as to defraud, hinder or delay his creditors;   

(d)     the defendant is about to convey or assign, conceal or dispose of his property fraudulently so as to hinder or delay his creditors;   

(e)     the debt that is the subject of the action was contracted out of this state, and the defendant has secretly removed his property into this state with the intent to hinder, delay or defraud his creditors;   

(f)     the defendant is a corporation whose principal office or place of business is out of the state, and the corporation has not designated an agent in this state for service of process against the corporation;   

(g)     the defendant fraudulently contracted the debt or incurred the obligation that is the subject of the action or obtained credit from the plaintiff by false pretenses; or   

(h)     the debt that is the subject of the action is for labor, for any services rendered by the plaintiff or his assignor at the instance of the defendant or was contracted for the necessities of life.   

B.     An attachment may issue upon a demand not yet due in any case where an attachment is authorized, in the same manner as upon demands already due.