What Creditors Cannot Take
Section 42-10-9 — a $150,000 homestead, and seventy-five percent of disposable earnings
| Property | Exempt up to |
|---|---|
| PropertyThe primary residence, as a homestead | Exempt up to$150,000, or $300,000 if the spouse died within the last two years |
| PropertyHousehold goods and furnishings | Exempt up to$75,000 |
| PropertyMotor vehicles | Exempt up to$10,000 |
| PropertyA wedding band and engagement ring, and other jewelry | Exempt up toThe rings, and $5,000 of other jewelry |
| PropertyArt by the person or a relative | Exempt up to$2,500 |
Who handles this in New Mexico: New Mexico Legal Aid, statewide intake and New Mexico Legal Aid; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
Exempt from garnishment is the greater of seventy-five percent of disposable earnings for the pay period, or forty times the highest applicable minimum hourly wage each week. For a child support order, fifty percent of disposable earnings is exempt.
The section lists more, among them the tools of a person's trade, and these exemptions hold against judgment creditors, attachment, execution, garnishment and bankruptcy trustees, as it sets out.
Sources for this section (3)
- NMSA 1978, § 42-10-1 — Exemptions
- NMSA 1978, § 42-10-9 — Homestead exemption
- NMSA 1978, § 35-12-7 — Garnishment; exemptions
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.