New Mexico > Statewide > Execution And Garnishment
Motion For Default Judgment Against Garnishee 4-810 - New Mexico
| Motion For Default Judgment Against Garnishee Form. This is a New Mexico form and can be used in Execution And Garnishment Statewide . |
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CIVIL FORM 4-810 Supreme Court Approved June 18, 1999 [ NEW MATERIAL] 1 4-810 2 [2-802, 3-802] 3 STATE OF NEW MEXICO 4 IN THE ___________________ COURT No. _________ 5 __________________________ COUNTY 6 __________________________________, Plaintiff 7 v. 8 __________________________________, Defendant 9 10 __________________________________, Garnishee 11 12 MOTION FOR DEFAULT JUDGMENT AGAINST GARNISHEE 13 Judgment creditor moves the court to enter a default 14 judgment against the garnishee. 15 16 The Writ of Garnishment was served on the garnish ee o n17 __________________ (date) and the return of service of the 18 writ on the garnishee has been filed with the court. 19 20 The garnishee has not filed an answer or other responsive21 pleading with the court nor has the judgment cr edi tor been22 served with a responsive pleading. 23 24 The judgment creditor requests the court to set a hearing 25 on this motion on not less than three (3) days notice to the 26 garnishee. 27 28 29 Date: _______________________ ______________________ 30 Attorney for plaintiff 31 32 If the plaintiff is not represented 33 by an attorney, this motion must be 34 sworn to or affirmed by the plaintiff. 35 36 I, ______________________ , upon my oath or affirmation 37 do solemnly declare or affirm that this motion contains a 38 complete, accurate statement of the facts to the best of my <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-810 Supreme Court Approved June 18, 1999 [ NEW MATERIAL] 1 knowledge. I understand th at if I make a material 2 misstatement of fact, I may be prosecuted and punished for 3 perjury. 4 5 _______________________________________ 6 Signature of plaintiff 7 8 _______________________________________ 9 Signature of Judge, Notary or Other 10 Officer Authorized to Administer Oaths 11 12 ________________________________________ 13 Official title 14 15 My commission expires: 16 17 ________________________________ 18 19 (SEAL) 20 21 CERTIFICATE OF SERVICE 22 23 I hereby certify that on this ____ day of ________, 24 ___________ this motion was 25 26 [mailed by United States mail, postage prepa id , and 27 addressed to: 28 29 Name: __________________________________ 30 31 Address: __________________________________ 32 33 City, State 34 and zip code: __________________________________] 35 36 [faxed by ________________________ (name of person who 37 faxed) to _________________ (defendant or defendants 38 attorney) . The transmission was reported as complete and 39 without error. The time and date of the transmission was 40 _____ (a.m) (p.m) on _______________ (date) .] 41 42 [e-mailed to ________________________ (name of person who 43 tran smitted) to ________ ______________ a t44 _________________ (electronic address of recipient) who 45 agreed to service in this manner. The transmission was 46 successful. The time and date of the trans missio n was 47 _________ (p.m) (a.m) on _____________________ (date) .] 48 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-810 Supreme Court Approved June 18, 1999 [ NEW MATERIAL] 1 ________________________________ 2 Signature of attorney 3 4 If th is no tice was served by a person 5 other than an attorney, the following 6 must also be completed and filed with the 7 court: 8 9 AFFIDAVIT OF SERVICE 10 11 I declare under penalty of perjury that a copy of this 12 notice of appeal w as s erved by [mail] [fax] [electronic13 transmission] as described above on this ____ day of 14 __________________, ________: 15 16 __________________________________________ 17 Signature of person who made service 18 19 Subscribed and sworn to before me 20 this ___ day of _____________, _____. 21 22 ______________________________ 23 Judge, notary or other officer 24 authorized to administer oaths 25 26 ______________________________ 27 Official title 28 29 [Approved, effective August 1, 1999.] 30 3
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