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What Creditors Cannot Take

Section 42-10-9 — a $150,000 homestead, and seventy-five percent of disposable earnings

PropertyExempt up to
PropertyThe primary residence, as a homesteadExempt up to$150,000, or $300,000 if the spouse died within the last two years
PropertyHousehold goods and furnishingsExempt up to$75,000
PropertyMotor vehiclesExempt up to$10,000
PropertyA wedding band and engagement ring, and other jewelryExempt up toThe rings, and $5,000 of other jewelry
PropertyArt by the person or a relativeExempt up to$2,500
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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)
  1. NMSA 1978, § 42-10-1 — Exemptions
  2. NMSA 1978, § 42-10-9 — Homestead exemption
  3. 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.

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