Legal Opinion

Gallegos v. Espinoza

New Mexico Court of Appeals

Decided November 21, 2001No. 21,298PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BOSSON, Chief Judge.

{1} A general contractor on a public works project owes payments to its subcontractor who, in turn, owes money to various suppliers. The subcontractor also owes an unrelated debt on a judgment. The judgment creditor obtains a writ of garnishment against the general contractor demanding that, instead of paying the subcontractor, it pay the judgment creditor. We discuss the circumstances under which the garnishee-general contractor may raise defenses against the garnishor-judgment creditor that the garnishee had under its contract with the subcontractor, whose unpaid…

2Cases cited26 opinions

  1. Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
  2. Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
  3. Schmick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
  4. Kirkpatrick v. Introspect Healthcare Corp.New Mexico Supreme Court · 1992
  5. In Re Goldsworthy's EstateNew Mexico Supreme Court · 1941

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3Cited by2 opinions

  1. Kirby v. Guardian Life Insurance Co. of AmericaNew Mexico Supreme Court · 2010
  2. Cochrell v. MitchellNew Mexico Court of Appeals · 2003

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