New Mexico > Statewide > Execution And Garnishment
Answer By Garnishee 4-807 - New Mexico
| Answer By Garnishee Form. This is a New Mexico form and can be used in Execution And Garnishment Statewide . |
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CIVIL FORM 4-807 Supreme Court Approved October 2, 2001 1 4-807 2 3 [1-065.2, 2-802, 3-802] 4 5 STATE OF NEW MEXICO 6 COUNTY OF ______________________ 7 [IN THE [MAGISTRATE] [METROPOLITAN] COURT] 8 [_____________________ JUDICIAL DISTRICT] 9 10 __________________________________, Plaintiff 11 12 v. No. __________ 13 14 __________________________________, Defendant 15 16 ____________________________________________ 17 Garnishee 18 19 ANSWER BY GARNISHEE 20 21 In answer to the writ of garnishment, garnishee states: 22 23 (complete only applicable parts of this form) 24 25 1. Wages 26 27 [ ] I do not employ the judgment debtor or pay th e 28 judgment debtor any wages. 29 30 [ ] The judgment debtor was my e mployee but is not an y31 longer. Judgment debtors employment was ended 32 ________________, ______, before I was served with the33 writ of garnishment. 34 35 [ ] I pay the judgment debtor $___________ ___ (p er week)36 (per hour) (per________________) as wages. 37 38 GROSS WAGES per pay period $_______________ 39 Federal income tax $_______________ 40 F.I.C.A. $_______________ 41 State income tax $_______________ 42 Other deduction required by law 43 $_______________ 44 NET WAGES per pay period $_______________ 45 75 Percent of net wages per pay period 46 $_______________ 47 48 40 times weekly federal minimum 49 wage for each week in pay 50 period ________________ $________________ 51 52 <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-807 Supreme Court Approved October 2, 2001 1 2. Money other than wages 2 3 [ ] I do not now owe the judgment debtor any money. 4 5 [ ] I owe the judgment debtor $__________. 6 7 [ ] I did not owe the judgment d ebtor any money at the 8 time of the s ervice of the writ of garnishment; 9 however, betwe en the date of the service of the writ 10 of garnishment and the date of filing this answer the 11 sum of $ ___________ belonging to the judgment debtor 12 came into my possession. 13 14 [ ] On the date of this answer I do not now o we the 15 judgment debtor any money. 16 17 3. Property other than money 18 19 [ ] I have no property of the judgment deb tor in my 20 possession and have not r eceived any since receiving 21 the writ of garnishment. 22 23 [ ] I have in my possession the followi ng proper ty which 24 belongs to the judgment debtor: 25 26 (description) (approximate value) 27 ____________________ $___________________ 28 ____________________ $___________________ 29 30 4. Wage withholding 31 32 (check and complete all applicable alternatives) 33 34 [ ] I am presen tly withholding __ ___% of the judgmen t 35 debtors net disposable earnings pursuant to the 36 Support Enforcement Act. (Attach a copy of order and 37 file it with this answer.) 38 39 [ ] I ha ve been served with other writ s or orders to40 withhold wages of the above judgment debtor which have 41 not been satisfied. (If you h ave be en served with 42 other writs of garnishment or court orders to withhold 43 wages of the above judgment debtor, attach and file a44 copy of each writ or order with this answer.) 45 46 [ ] The percent of the judgment debtor employees net 47 disposable earnings I am presently withholding for all 48 garnishment proceedings is _______% of the debtors 49 net disposable earnings. 50 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-807 Supreme Court Approved October 2, 2001 1 5. Money other than wages 2 3 [ ] I have been served with other wr its or orders to 4 withhold money owed to the above judgment debtor which 5 have not yet been satisfied. (Attach a copy of each 6 order and file it with this answer.) 7 8 6. Service requirements compliance 9 10 [ ] I have sent the followi ng paper s which have bee n11 provi ded to me by the judgment creditor to the 12 judgment debtor: 13 14 if wages withheld: a copy of the ap plication for a 15 writ of ga rn ishment; the writ of garnishment; and a 16 copy of this answer have been mailed to each judgment 17 debtor. 18 19 if money or property other than wages withheld: a copy 20 of the application for a writ of garnishment; the writ 21 of garnishment; a notice of right to claim exemptions; 22 a claim of exemption form and a copy of this answer 23 have been mailed to each judgment debtor. 24 25 [ ] I am not aware of the loc ation or address of th e26 j udgment debtor and therefore am unable to serve the 27 notices set forth in this paragraph. 28 29 [ ] A copy of this answer has been mailed or delivered to30 the judgment creditor. 31 32 7. Attorneys fees 33 34 [ ] The garnishee has incurred $ ___ __ ___________ i n35 attorneys fees in preparing this answer. 36 37 The undersigned, the named garnish ee, or an officer, 38 partner or authorized representative of the named garnishee 39 verifies that the foregoing answer by garnishee is true to the 40 best of garnishees knowle dge an d belief; that the undersigned 41 is the custodian of the records upon which the answer is based, 42 and that the answer is true and correct based upon these 43 records. 44 45 __________________________________ 46 Signature of garnishee or attorney 47 48 __________________________________ 49 Printed name of person signing 50 3 <<<<<<<<<********>>>>>>>>>>>>> 4 CIVIL FORM 4-807 Supreme Court Approved October 2, 2001 1 ___________________________________ 2 Address 3 4 ____________________________________ 5 City, state and zip code (print) 6 7 _____________________________________ 8 Telephone number 9 10 Subscribed and sworn to before 11 me this ____________day of ____ 12 ___________________, ______ 13 14 ______________________________15 Judge, notary or other officer16 authorized to administer oaths17 18 19 [As amended, effective June 15, 1986; January 1, 1987; July 1, 20 1992; January 1, 1996; December 3, 2001.] 21 4
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