New Mexico > Statewide > Execution And Garnishment
Judgment On Writ Of Garnishment Claim Of Exemption And Order To Pay 4-812 - New Mexico
| Judgment On Writ Of Garnishment Claim Of Exemption And Order To Pay Form. This is a New Mexico form and can be used in Execution And Garnishment Statewide . |
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CIVIL FORM 4-812 Supreme Court Approved October 2, 2001 1 4-812 2 3 [2-802, 3-802] 4 5 STATE OF NEW MEXICO 6 COUNTY OF ______________________ 7 IN THE [MAGISTRATE] [METROPOLITAN] COURT 8 9 ____________________________, Plaintiff (Judgment Creditor) 10 11 v. No. __________ 12 13 _____________________________, Defendant (Judgment Debtor) 14 15 _____________________________, Garnishee 16 17 18 JUDGMENT ON WRIT OF GARNISHMENT, CLAIM OF 19 EXEMPTION AND ORDER TO PAY 20 21 This matter coming before the court, the court finds: 22 23 [ ] 1. At the time the writ of garnishment was served on the24 garnishee, the amount of $_________________ was unpaid 25 and owing to the judgment creditor. 26 27 [ ] 2. As a result of th is gar nishment proceeding, judgment 28 creditor has spent additional costs a nd fees of 29 $________________ 30 31 [ ] 3. The total amount of judgmen t and costs to date ar e32 $_________________ plus interest of __________% per 33 year from ______________, _______. 34 35 [ ] 4. The garnishee is not an e mployer of the judgmen t 36 debtor and has certified that it has mailed copies of 37 the application for a writ of garnishment; the writ of 38 garnishment; a notice of right to claim exemptions; a 39 claim of exemption form and a copy of its answer to 40 the judgment debtor(s) or their attorney of record, if41 any. 42 43 [ ] 5. The judgment debtor: 44 45 [ ] has not filed a claim of exemption; 46 47 [ ] has filed a claim of exemptio n and the judgment 48 creditor has not disputed the claim of exemption 49 for the following property and such money or 50 property is therefore exempt: 51 52 ___________________________________________; or <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-812 Supreme Court Approved October 2, 2001 1 [ ] ha s filed a claim of exemp tion which has been 2 disputed and after hearing, the court finds that 3 the following property is exempt from garnishment 4 ___________________________ ______ _______________ _ 5 ___________ ______ _______________________________ _ 6 7 [ ] has not filed a claim of exemption; or 8 9 [ ] 6. The garnishee: 10 11 [ ] is in default; 12 13 [ ] is indebted to the judgment debtor in the amount 14 of $________________; 15 16 [ ] is indebted to the judgment debtor for wages; 17 18 [ ] is not indebted to the judgment debtor; 19 20 [ ] holds property of the judgment debtor; 21 22 [ ] does not hold property of the judgment debtor. 23 24 [ ] 7. Purs uant to the Support Enforcement Act, th e 25 garnishee: 26 27 [ ] is with holding $_______________ of the ju dgment 28 debtors income pursuant to a notice to withhold 29 income; or 30 31 [ ] is not withholding any income of the judgmen t32 debtor pursuant to such a Notice. 33 34 [ ] 8. Pursuant to Section 35-12-16 NMSA 1978, t he jud gment 35 creditor: 36 37 [ ] is entitled to additional fees and costs o f 38 $______________________; or 39 40 [ ] is not entitled to additional fees and costs. 41 42 THE COURT ORDERS: 43 44 [ ] 1. Default judgment against garnishee 45 46 The judgment creditor recover from the garnish ee the 47 sum of $______________, plus ________ percent per 48 annum interest fro m the date the application was 49 executed, the garnishee having failed to a nswer the 50 writ; 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-812 Supreme Court Approved October 2, 2001 1 or 2 3 [ ] 2. Payment of money other than wages 4 5 The judgment creditor recover from the garnishee the 6 sum of $__________, which includes ________% per annum 7 interest thereon from the da te the application was 8 executed to the date the answer was filed, such sum 9 being held by garnishee other than as wages; 10 11 or 12 13 [ ] 3. Wage withholding other than child or spousal support 14 15 The judgment being other than for c hild or spousal 16 support, the judgment creditor recover from the 17 garnishee the sum of $__________, plus interest at the 18 original j udgment rate, until paid in full, to be 19 deducted from the judgment debtors wages. 20 21 The garnishee shall pay the judgment debtor only 22 23 (a) 75% of his disposable earnings (salary less 24 social security, federal and state tax 25 withholdings, and any other deductio n26 required by law) for any pay period; 27 28 OR 29 30 (b) an amount each week equal to forty times the 31 federal minimum hourly wage rate; 32 33 whichever is greater. 34 35 The balance of the judgment debtors disposable 36 earnings sh all be paid over to the judgment creditor 37 each payday unti l the judgment herein is satisfied, 38 af ter this balance is first used to pay any prio r39 garnishment. If the wages of the judgment debtor are 40 not subject to garnishment because of the application 41 of the formula set forth above, thi s orde r shall 42 continue and shall automatically take effect when the 43 wages of th e judgment debtor shall increase to an 44 amount which creates disposable earnings based upon 45 the formula set forth above. 46 47 If the moneys being withheld pursuant to a not ice to 48 withhold income under the Support Enforcement Act 49 exceed the otherwise garnishable amounts, this 50 garnishment shall continue in effect until the notice 3 <<<<<<<<<********>>>>>>>>>>>>> 4 CIVIL FORM 4-812 Supreme Court Approved October 2, 2001 1 to withhold income has been voided, modified, 2 suspended or terminated, at which time the full amount 3 allowed for garnishment shall be paid to the judgment 4 creditor. 5 6 If the wages being withheld pursuant to a notice to 7 withhold income under the Support Enforcement Act are 8 less than twenty-five perce nt (25%) of the judgment 9 debtors disposable earnings, the difference between 10 the amoun t with held for child or spousal support and 11 the a mount equal to twenty-five percent (25%) of the 12 judgment debtors disposable earnings shall be paid to 13 the judgment creditor, until the child or spousal 14 support notice to withhold inc ome has been voided, 15 modified, suspended or terminated, at whi ch time the 16 full amount allowed for garnishment s hall b e paid to 17 the judgment creditor. 18 19 [ ] 4. Money or property other than wages 20 21 [ ] The money or property held by the ga rnishee i s22 exempt from garnishment and the writ of 23 garnishment in this case is hereby released and 24 discharged; and the garnishee n o longer has any 25 obligation to withhold wages, money or property 26 from the judgment debtor on account of that writ. 27 28 [ ] The garnishee, having no money or property of the 29 judgment debtor, is
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