New Mexico > Statewide > Execution And Garnishment
Application For Writ Of Garnishment 4-805 - New Mexico
| Application For Writ Of Garnishment Form. This is a New Mexico form and can be used in Execution And Garnishment Statewide . |
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4-805. Application for writ of garnishment. [1-065.2, 3-802] STATE OF NEW MEXICO IN THE ___________________ COURT _________________________ COUNTY ___________________________, Plaintiff, v. ___________________________, Defendant. APPLICATION FOR WRIT OF GARNISHMENT ______________________________ the judgment creditor, states the following: (1) The judgment creditor has a judgment dated __________________ 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 4-806 NMRA as "Balance Due upon Application for Writ.") plus interest from the date this Application is executed. Under the statute, costs of 10% and fees of up to 10% may be allowed. The estimated costs would equal $__________________; and the judgment creditor will seek $__________________ in attorney fees. Judgment debtor, to my knowledge, does not have sufficient property within New Mexico subject to execution to satisfy the judgment. (This allegation is not necessary prior to garnishment of funds for child support or alimony obligations.) I have reason to believe, and do believe, that the garnishee, ____________________ (name of garnishee) __________________________________________________ (address), holds or controls money or personal property which belongs to the judgment debtor or is indebted to the judgment debtor. The money or property held by the garnishee is not exempt from garnishment. No. __________ (2) (3) Therefore judgment creditor requests a Writ of Garnishment. 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 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 (application must be sworn to unless signed by an attorney) Subscribed and sworn to before me this __________________ day of __________________ , ________. _____________________________________ Notary or other officer authorized to administer oaths (seal) [As amended, effective June 15, 1986; January 1, 1987; July 1, 1992; January 1, 1996; as -2- American LegalNet, Inc. www.FormsWorkFlow.com amended by Supreme Court Order No. 09-8300-024, effective September 4, 2009.] -3- American LegalNet, Inc. www.FormsWorkFlow.com
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