N.M. Stat. Ann. § 35-10-4
Forcible entry or detainer; judgment.
Operative Text
35-10-4. Forcible entry or detainer; judgment.
A. If the defendant is found guilty in a civil action for forcible entry or unlawful
detainer, judgment shall be entered against him:
(1) for damages; and
(2) that he be removed from the premises and the plaintiff be put in
possession.
B. Execution shall include an order that the sheriff or a full-time, salaried deputy
sheriff remove the defendant from the premises.
History: 1953 Comp., § 36-12-3, enacted by Laws 1968, ch. 62, § 124.Under NMSA § 35-10-4, when a defendant is found liable in a civil action for forcible entry or unlawful detainer in New Mexico Magistrate Court, the court must enter judgment on two fronts: an award of damages to the plaintiff, and an order restoring possession of the premises to the plaintiff. Execution of that judgment carries a specific mechanism — the sheriff or a full-time salaried deputy sheriff is directed to physically remove the defendant from the property. This provision establishes the mandatory outcomes that follow a guilty finding, leaving no discretion to omit either the damages component or the removal order.
Plain English — not legal advice.
Under NMSA § 35-10-4, a landlord who prevails in a forcible entry or unlawful detainer action in Magistrate Court is entitled to both a damages award and a court-ordered restoration of possession. Compliant operators typically document all losses — unpaid rent, property damage, and related costs — so that the damages component of the judgment reflects actual harm. Once judgment is entered, the removal of the occupant is carried out by the sheriff or a full-time salaried deputy sheriff, not by the landlord directly, which means operators generally coordinate with the court and the sheriff's office to schedule execution of the writ.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 35-10-4 governs what happens when a defendant loses a civil forcible entry or unlawful detainer case in New Mexico Magistrate Court: the court is required to enter judgment for damages and for removal of the defendant from the premises, with a sheriff or full-time salaried deputy sheriff carrying out the physical removal. Tenants facing such an action have the right to contest the case before judgment is entered, and a finding of liability is not automatic — the plaintiff must establish the claim. Tenants who believe a detainer action has been filed improperly or who need help understanding their rights under § 35-10-4 may wish to contact a tenant-rights organization or legal aid office in New Mexico for general information about available defenses and procedural options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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