An execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment. History: Laws 1887, ch. 61, § 2; C.L. 1897, § 3086; Code 1915, § 3086; C.S. 1929, § 76-118; 1941 Comp., § 19-920; 1953 Comp., § 21-9-20; Laws 1965, ch. 282, § 2; 1971, ch. 122, § 2. Cross references. — For execution and foreclosure generally, see 39-4-1 NMSA 1978 et seq. For attachment and garnishment generally, see 42-9-1 NMSA 1978 et seq. For stay of proceedings to enforce a judgment, see Rule 1-062 NMRA. For supplementary judgment proceedings, see Rule 1-069 NMRA. Revival of judgment. — Section 39-1-20 NMSA 1978 prohibits execution on a judgment more than seven years after its issuance or revival. Plaintiff is free to pursue his execution remedy through a different procedure. Nothing in Section 39-1-20 NMSA 1978 prohibits a judgment creditor from seeking execution following revival under Section 37-1-2 NMSA 1978. Fischoff v. Tometich , 1991-NMCA-144, 113 N.M. 271, 824 P.2d 1073. Scire facias to revive judgment is included in word "action" in this section. Browne v. Chavez , 181 U.S. 68, 21 S. Ct. 514, 45 L. Ed. 752 (1901) (decided under former law). Claim of exemption not effective under second execution. — A claim of exemption made under an original execution did not remain effective to prevent a sale under a second or alias execution. Meyers Co. v. Mirabal , 1921-NMSC-098, 27 N.M. 472, 202 P. 693. Foreign judgments later domesticated. — Actions to domesticate a foreign judgment are governed by 37-1-2 NMSA 1978 and as such these actions must be brought within the applicable period of limitation for foreign judgments. Accordingly, a 1989 judgment on the domestication issue converted the foreign judgment into a New Mexico judgment from which date the applicable state statutes of limitations commenced running. Plaintiff's 1992 action for a charging order based on the 1989 judgment satisfied the three alternative state statutes of limitations (37-1-4, 39-1-20, 37-1-2 NMSA 1978) and does not force a decision on the "correct" statute. Galef v. Buena Vista Dairy , 1994-NMCA-068, 117 N.M. 701, 875 P.2d 1132. Am. Jur. 2d, A.L.R. and C.J.S. references. — Part payment or promise to pay judgment as affecting time for execution, 45 A.L.R.2d 967. 49 C.J.S. Judgments §§ 585, 586.
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