New Mexico Judgment: Types, Records, Duration, and What to Expect

A judgment is a binding order entered by a court that settles a dispute and defines the duties of each party. In New Mexico, judgments can be entered in civil matters, criminal restitution proceedings, family law matters, and debt claims. Once they are recorded, the judgment creditor has the authority to enforce the judgment against the judgment debtor.

What Is a Judgment in New Mexico?

According to Rule 1-054 of the New Mexico Rules of Civil Procedure, a judgment is a formal court decision that can either be a decree or an order subject to appeal. Additionally, it is required to be recorded separately from pleadings and procedural materials. In New Mexico, a judgment may require an individual to stop certain actions or to transfer a specific amount of money to another party. Some of the tools through which a judgment can be enforced are liens, levies, and wage garnishments.

For instance, a money judgment can be obtained by a creditor to collect unpaid debts, while a family court judgment can help to establish a party’s obligation after a divorce or separation. Unless satisfied, vacated, or expired, judgments in New Mexico remain binding regardless of the type.

Types of Judgments in New Mexico

Depending on the case type, courts in New Mexico may issue any of the types of judgments below:

1. Summary Judgment

A summary judgment is when a court makes a decision without conducting a full trial. This happens when the judge finds that there are no real disputes about the important facts of the case.

2. Default Judgment

This is a binding court order that is entered in favor of one party because the other party has failed to take the required action in a legal proceeding.

3. Money Judgment

This is a court order requiring one party to pay an amount of money to another party. This type of judgment results from cases such as unpaid debts and personal injury lawsuits.

4. Criminal Judgment

This is the official written order of a court in a criminal case. It determines the defendant’s guilt or innocence during the proceeding.

How to Search for Judgments in New Mexico

As public records in New Mexico, judgments can be viewed or acquired by various means, such as:

1. Clerk of Court Offices – In New Mexico counties, judgment records are kept in the District Court where a case was heard. It is the function of the District Clerk’s Office to provide public access to felony files.
2. New Mexico Courts Case Lookup - The Case Lookup system is the statewide platform that can be used to find judgment records online. To find these records through the Case Look system, users must enter a party name or case number.
3. Third-Party Services - These sites are a convenient alternative to visiting the courthouse in person. From the comfort of a computer, interested parties can search for judgment records from multiple counties across the country.

While searching for New Mexico judgment records online or in person, record seekers can access the following pieces of information:

• Judgment date
• Judgment amount or the type of relief granted
• Court location
• Case number
• Party name

Judgment Records in Major New Mexico Counties

Although the New Mexico court system is centralized, judgment records can also be found at the county level:

• Albuquerque (Bernalillo County): Bernalillo County District Court maintains extensive judgment records, which can be retrieved through the Case Lookup portal and the Clerk’s Office.
• Las Cruces (Doña Ana County): Doña Ana County judgments can be searched through the online portal or requested locally at the courthouse.
• Santa Fe (Santa Fe County): Judgment records in Santa Fe County are available in the District Courthouse and through the statewide portal.

How Long Does a Judgment Last in New Mexico?

Under New Mexico Statutes Annotated (NMSA) § 37-1-2, a judgment is valid and enforceable for 14 years from the date it is entered. Before a judgment expires, it can be renewed through a court process for another 14 years. If the proper steps are taken, the creditor can collect the judgment until it is fully paid.

What Happens After a Judgment Is Entered in New Mexico?

A creditor can use legal remedies like property liens and wage garnishment to collect a judgment. These actions can cause financial hardship for the debtor until the debt is resolved.

For Creditors:

• Wage Garnishment: Until a judgment is satisfied, a creditor can obtain a court order that requires an employer to remove a certain amount from the debtor’s wages.
• Judgment Liens: A debtor’s estate can be prevented from being sold if a lien is recorded on the property.
• Bank Levies: Upon obtaining a court approval, money can be seized from a debtor’s account to pay up the debts.

For Debtors:

• Credit Reporting: A debtor’s ability to borrow money can be lowered if there is a judgment on their credit report.
• Satisfaction of Judgment: Once a debt is paid, the creditor must visit the court and file a Satisfaction of Judgment, thereby releasing the debtor from the obligation.
• Appeals or Motions to Vacate: A judgment debtor may request the court to vacate a judgment if they believe it was unfairly entered.