After a debt judgment in New Mexico: garnishment, bank levy, exemptions

Garnishment, bank levies and exemptions, with the deadline to claim them.

Checked against official sources: Oct 24, 2026.

Short answer

After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). Fill out the Claim of Exemption from Garnishment (Form 4-809), or for property seized by the sheriff the Claim of Exemptions on Execution (Form 4-803), and file it with the court clerk within 10 days after the notice is served on you.

How long it lasts
14 years
Interest after the judgment
8.75%
Exemption form
Official exemption form

How to claim an exemption in New Mexico

Fill out the Claim of Exemption from Garnishment (Form 4-809), or for property seized by the sheriff the Claim of Exemptions on Execution (Form 4-803), and file it with the court clerk within 10 days after the notice is served on you. Also serve a copy on the creditor and, for a garnishment, on the garnishee (bank or employer). If the creditor disputes it, the court sets a hearing; go and bring proof that the money or property is exempt.

Law: Form 4-808 (Rules 1-065.2, 2-802, 3-802 NMRA); Form 4-808A

Official exemption form

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Exemption claim cover letter

Your bank account after a judgment in New Mexico

The creditor must try a writ of execution before a garnishment (except for support). If your bank is garnished, the bank must give you the Notice of Right to Claim Exemptions and a claim form. Up to $2,400 total in bank and investment accounts is protected, plus money from exempt sources such as Social Security and public assistance.

Law: NMSA 1978, § 42-10-1

Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.

Law: 31 CFR 212.5, 212.6

How much of your pay can be taken in New Mexico

You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week. You do not need to file a claim to protect exempt wages. A wage garnishment continues until the judgment is paid or you leave that job.

Law: NMSA 1978, § 35-12-7

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: New Mexico

For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.

Law: 15 U.S.C. 1673(a)

Interest and how long the judgment lasts in New Mexico

Interest after the judgment

8.75% a year from the date the judgment is entered, unless the judgment is based on a written contract with a different interest rate (then no higher than the contract rate) or on wrongful (tortious), bad-faith or intentional conduct (15%).

How long it lasts

A creditor has 14 years from the date of the judgment to bring an action on it.

Law: NMSA 1978, § 56-8-4(A); NMSA 1978, § 37-1-2

Judgment interest and how long a judgment lasts, by state

What to do now in New Mexico

  1. Watch for notices

    Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.

  2. Gather proof

    Proof of where the money came from, like award letters, wins exemption claims.

  3. Ask the court to protect your money

    In New Mexico: Fill out the Claim of Exemption from Garnishment (Form 4-809), or for property seized by the sheriff the Claim of Exemptions on Execution (Form 4-803), and file it with the court clerk within 10 days after the notice is served on you.

  4. Go to the hearing

    If the creditor objects, the judge decides at a hearing. Bring your proof.

Where to get free help in New Mexico

Questions about collection after a judgment in New Mexico

What is the judgment interest rate in New Mexico?

8.75% a year from the date the judgment is entered, unless the judgment is based on a written contract with a different interest rate (then no higher than the contract rate) or on wrongful (tortious), bad-faith or intentional conduct (15%).

Can a judgment be renewed in New Mexico?

A creditor has 14 years from the date of the judgment to bring an action on it.

How much of my pay can be taken in New Mexico?

You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week. You do not need to file a claim to protect exempt wages. A wage garnishment continues until the judgment is paid or you leave that job.

Can my bank account be frozen in New Mexico?

The creditor must try a writ of execution before a garnishment (except for support). If your bank is garnished, the bank must give you the Notice of Right to Claim Exemptions and a claim form. Up to $2,400 total in bank and investment accounts is protected, plus money from exempt sources such as Social Security and public assistance.

What is the deadline to claim an exemption in New Mexico?

Fill out the Claim of Exemption from Garnishment (Form 4-809), or for property seized by the sheriff the Claim of Exemptions on Execution (Form 4-803), and file it with the court clerk within 10 days after the notice is served on you. Also serve a copy on the creditor and, for a garnishment, on the garnishee (bank or employer). If the creditor disputes it, the court sets a hearing; go and bring proof that the money or property is exempt.

Keep reading about New Mexico

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources