How to Garnish Wages in New Mexico After a Judgment

Wage garnishment in New Mexico lets you intercept a portion of the debtor's paycheck every pay period until your judgment is fully satisfied. It is one of the most effective collection tools for employed debtors, but you cannot jump straight to it — New Mexico requires you to attempt execution against personal property first.

The Prerequisite You Cannot Skip

Under the judiciary's pamphlet CV-ADMIN-1074, a creditor must first pursue a Writ of Execution (Form 4-801) or document through a reasonable investigation that no executable personal property exists before applying for a Writ of Garnishment. A nulla bona sheriff return or other written evidence may support that showing. Skipping this requirement can lead to dismissal of the garnishment application.

Filing for Wage Garnishment

Once you have cleared the execution prerequisite, file an Application for Writ of Garnishment (Form 4-805; Form 4-805B for a medical-debt judgment) with the court clerk. Your application must state the original judgment amount, all accrued post-judgment interest under NMSA § 56-8-4 (8.75% per annum for standard civil judgments), and allowable costs.

The clerk issues the formal Writ of Garnishment. You then arrange service through the county sheriff or a process server. The writ package is served on the garnishee — the debtor's employer — along with the application and a garnishee answer form. At the same time, send a copy of the writ to the debtor's last known address (and to counsel if counsel remains of record) and file a separate certificate of service.

The employer has 20 calendar days from service to file a written Garnishee Answer with the court, confirming the debtor's employment and earnings.

How Much Can Be Garnished

New Mexico wage garnishment is governed by NMSA 1978 § 35-12-7 and § 35-12-18, updated by SB 216 (Laws 2023, Ch. 104). The maximum that can be withheld from any pay period is the lesser of:

• 25% of disposable earnings for that pay period, or
• The amount by which weekly disposable earnings exceed 40 times the highest applicable minimum wage (federal, state, or local) at the place the wages were earned

Disposable earnings means gross pay minus mandatory deductions: federal and state taxes, Social Security, and state retirement contributions. Voluntary deductions like 401(k) contributions, health insurance premiums, or union dues are not subtracted.

New Mexico's current minimum wage varies by municipality — Albuquerque, Santa Fe, Las Cruces, and Bernalillo County all set their own rates above the state floor. The "highest applicable" language means the garnishment calculation uses whichever minimum wage is highest at the debtor's work location.

Continuous Withholding Until Satisfied

Unlike bank garnishment, wage garnishment in New Mexico is continuous. Once served, the employer must withhold the non-exempt portion of the debtor's pay every pay period until the judgment balance — including principal, interest, and costs — is fully satisfied or the debtor is no longer employed there. The court may enter a judgment and order directing the garnishee to pay the withheld amount to you.

If the debtor changes jobs, the garnishment stops at the old employer. You would need to file a new writ targeting the new employer once you locate them.

When the Debtor Claims an Exemption

Certain income is fully exempt from garnishment regardless of the 25% cap. Social Security benefits, SSI, veterans' benefits, unemployment compensation, and TANF payments cannot be garnished for a private civil judgment under federal law (42 U.S.C. § 407). If these funds are identifiable in the debtor's pay or deposited in a traceable account, they remain protected.

If the debtor believes the garnishment exceeds legal limits or improperly targets exempt income, they can file a Claim of Exemption with the court. The judge then schedules an expedited hearing. Garnished funds are held pending the court's ruling.

What It Costs

You will pay the court clerk's application fee for the writ plus the sheriff or process server's fee for serving the employer. These costs are recoverable — add them to the judgment balance on your next enforcement filing.

The Collecting a Small Claims Judgment in New Mexico guide covers the full garnishment process from application through employer compliance, with a fee tracker and interest calculation worksheet.

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