HOUSE BILL 88

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO MAGISTRATE COURT; ALLOWING NONPREVAILING PLAINTIFFS TO BE AWARDED SERVICE OF PROCESS COSTS IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. MAGISTRATE COURT--CIVIL COSTS--SERVICE OF PROCESS COSTS AWARDED TO NONPREVAILING PLAINTIFF IN CERTAIN CIRCUMSTANCES.--

          A. The court may award a nonprevailing plaintiff the costs of service of process if:

                (1) the defendant knew or should have known that the defendant was being served a summons and complaint in a civil action by certified mail, return receipt requested; and

                (2) the plaintiff had to pay for additional service by the sheriff or other person as provided by the Rules of Civil Procedure for the Magistrate Courts because the defendant failed to acknowledge service by mail.

          B. The plaintiff shall provide the court with proof that the plaintiff sent the summons and complaint by certified mail, return receipt requested.

          C. The costs of service of process include the cost of certified mail and the cost of personal service.

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