N.M. Stat. Ann. § 47-8-46
Writ of restitution.
Operative Text
47-8-46. Writ of restitution.
A. Upon petition for restitution filed by the owner if judgment is rendered against the
defendant for restitution of the premises, the court shall declare the forfeiture of the
rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of
restitution directing the sheriff to restore possession of the premises to the plaintiff on a
specified date not less than three nor more than seven days after entry of judgment.
B. Upon a petition for restitution filed by the resident, if judgment is rendered against
the defendant for restitution of the premises, the court shall, at the request of the plaintiff
or his attorney, issue a writ of restitution directing the sheriff to restore possession of the
premises to the plaintiff within twenty-four hours after entry of judgment.
History: 1953 Comp., § 70-7-46, enacted by Laws 1975, ch. 38, § 46; 1995, ch. 195, §
21.Under NMSA 47-8-46, when a court rules in favor of a party seeking return of a rental property, it can issue a formal court order — called a writ of restitution — directing the sheriff to restore possession of the premises. When an owner wins a restitution judgment, the writ is issued with a return date set between three and seven days after the judgment. When a resident wins a restitution judgment, the writ directs the sheriff to restore possession within twenty-four hours of the judgment.
Plain English — not legal advice.
Section 47-8-46 of the Uniform Owner-Resident Relations Act establishes the court-supervised process through which an owner who obtains a restitution judgment can regain possession of a rental unit. A compliant operator generally works through the court system, requesting the writ of restitution through the court at the time of judgment and coordinating with the sheriff's office for the scheduled restoration of possession within the three-to-seven-day window. Operators typically avoid self-help measures — such as changing locks or removing belongings — and instead rely on the sheriff to carry out the court's directive under § 47-8-46.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-46 also protects residents: if a tenant obtains a court judgment for restitution of the premises, the court can issue a writ directing the sheriff to restore possession within twenty-four hours of that judgment. Tenants who believe they have grounds for a restitution claim may consider consulting a tenant-rights organization or legal aid provider familiar with the Uniform Owner-Resident Relations Act to understand available options. If a writ of restitution has been issued against a tenant, understanding the timeline set by § 47-8-46 — and any rights to contest the judgment — is an important area to explore with a qualified resource.
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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