N.M. Stat. § 42-8-3
[Replevin against officer; authorization; additional affidavit;
third party may intervene and give forthcoming bond.]
Whenever the property, goods or chattels of any person not a party to the record are
wrongfully seized by any officer under or by virtue of any writ of execution, mesne or
other process from any court, except under a writ of replevin, such person or persons
may maintain a suit in replevin for the possession of the same against such officer, by
proceeding in the usual manner as now provided by law for bringing suits in replevin
and making an additional affidavit that such goods and chattels have not been seized
under any process, execution or attachment against the property of the plaintiff, and that
the defendant or defendants in the original process by virtue of which the same were so
wrongfully seized by the officer have no interest, right or title and had no interest, right
or title in the said chattels at the time of such wrongful seizure and that said plaintiff is
entitled to the possession thereof or is the owner of the same: provided, that in any
action of replevin, any third person claiming an interest in property replevied or the right
to the possession of the same may intervene in such suit as in other suits of
intervention, and; provided, further, that nothing herein shall be construed to prevent
any third person in such suits from giving a forthcoming bond and retaining possession
of the goods as provided by law.