Section 42-9-1 - Grounds for attachment; unmatured debts. - New Mexico Statutes

42-9-1. [Grounds for attachment; unmatured debts.]

Creditors may sue their debtors before justices of the peace [magistrates] or in the district courts, by attachment, in the following cases, to wit:   

A.     when the debtor is not a resident of, nor resides in this state;   

B.     when the debtor has concealed himself, or absconded or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be passed upon him;   

C.     when the debtor is about to remove his property or effects out of this state, or has fraudulently concealed or disposed of his property or effects so as to defraud, hinder or delay his creditors;   

D.     when the debtor is about fraudulently to convey or assign, conceal or dispose of his property or effects, so as to hinder or delay his creditors;   

E.     when debt was contracted out of this state, and the debtor has absconded or secretly removed his property or effects into the state, with the intent to hinder, delay or defraud his creditors;   

F.     where the defendant is a corporation whose principal office or place of business is out of the state, unless such corporation shall have a designated agent in the state, upon whom service of process may be made in suits against the corporation;   

G.     where the defendant fraudulently contracted the debt or incurred the obligation respecting which the suit is brought or obtained credit from the plaintiff by false pretenses;   

H.     that the debt is for work and labor, or for any services rendered by the plaintiff, or his assignor, at the instance of the defendant;   

I.     where the debt was contracted for the necessities of life.   

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