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Application For Writ Of Execution 4-805A - New Mexico

Application For Writ Of Execution Form. This is a New Mexico form and can be used in Civil Bernalillo County Metropolitan Court Local District Court .
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STATE OF NEW MEXICO COUNTY OF BERNALILLO IN THE METROPOLITAN COURT ______________________________, Plaintiff, v. ______________________________, Defendant. No. _____________________ APPLICATION FOR WRIT OF EXECUTION ____________________________________ the judgment creditor, states: (1) The judgment creditor has a judgment dated __________________________ (date judgment filed) against the judgment debtor whose name is __________________, and whose last known address is ___________________________. The total of the principal, interest, costs and attorney's fees awarded by the judgment was $_____________. Since the judgment was entered, additional interest at the judgment rate of _______% and costs totals $________________. Payments totaling $_____________ have been received. The unpaid balance now due is $____________ (insert this amount on Civil Form 4-801 as "Balance Due upon Application for Writ") plus interest from the date this Application is executed. The estimated costs would equal $_____________; and the judgment creditor will seek $___________ in attorney fees. (2) (check one of the following) I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days prior to filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.1 The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.2 The judgment debtor is not a natural person. The judgment creditor requests the court to issue a Writ of Execution for non-exempt property for the judgment debt. Rule 4-805A NMRA; approved, effective 5/15/03 CV-076 Application for Writ of Execution (Rev.11/09) American LegalNet, Inc. www.FormsWorkFlow.com ________________________________ Judgment creditor or attorney for judgment creditor ________________________________ Judgment creditor's name printed ________________________________ Address of judgment creditor ________________________________ Printed name of person signing for judgment creditor ________________________________ Telephone number of judgment creditor ________________________________________________ Printed name of judgment creditor's attorney (if any) ________________________________________________ Mailing address of judgment creditor's attorney (number and street or P.O. box) ________________________________________________ City, State, zip code ________________________________________________ Telephone number of judgment creditor's attorney AFFIDAVIT (This application must be sworn to unless it is signed by an Attorney.) I declare under penalty of perjury that the foregoing is true and correct. Subscribed and sworn to before me this ______ day of ______________, _______ __________________________________ Notary or other officer authorized to administer oaths USE NOTE 1. 2. If the judgment debtor is a natural person Civil Form 4-808A NMRA, Notice of Right to Claim Exemptions from Execution must have been served on the judgment debtor. This alternative may be checked if the judgment debtor filed a waiver of the right to claim exemptions. See Civil Form 4-803, Claim of Exemptions, also contains the waiver form. (seal) 2 Rule 4-805A NMRA; approved, effective 5/15/03 CV-076 Application for Writ of Execution (Rev.11/09) American LegalNet, Inc. www.FormsWorkFlow.com
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