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New Mexico

Negligence Doctrine: Pure Comparative Negligence

Circuit # 10

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 4 years
Personal Injury 3 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

New Mexico Law provides for continuing wage garnishments. The employer must withhold up to 25% of disposable earnings from each paycheck beginning on service of the writ and continuing until the judgment is paid in full; If previous garnishments are in effect when the writ is served, the earlier writ(s) must be satisfied before withholding begins on the later writ. Up to 50% of disposable wages are subject to a garnishment for child support, making subsequent garnishments for debts ineffective; Pre-judgment garnishment of wages is prohibited
 


Parental Responsibility

Personal Injury & Property Damage (Child Under 18); Auto Liability (Minor under 18)
Dollar Limit on Parents’ Liability:
    $4,000 plus costs and attorney’s fees Personal Injury
    $4,000 plus costs and attorney’s fees Property Damage Unlimited for Auto Liability
Liability imposed when child willfully or maliciously injures person, or willfully or maliciously destroys property; Liability imposed when child commits willful or negligent acts in operation of motor vehicle and parent signed child’s application for license or permit
 


Subrogation by Landlord's Carrier against Tenant

Look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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