N.M. Stat. § 42-8-19
Motion to dissolve; damages.
A. Upon the defendant's motion before trial, the district court shall determine the
truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If
the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the
plaintiff shall be ordered to return the property to the defendant and an order shall be
entered for the defendant against the plaintiff and his sureties for the attorney's fees
incurred in the dissolution of the writ and for double damages for the use of the property
from the time of its delivery to the plaintiff.
B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had
been issued.