New Mexico > Statewide > Execution And Garnishment
Writ Of Garnishment 4-806 - New Mexico
| Writ Of Garnishment Form. This is a New Mexico form and can be used in Execution And Garnishment Statewide . |
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CIVIL FORM 4-806 Supreme Court Approved October 2, 2001 1 4-806 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 Balance Due Upon Application for Writ: $__________ 17 Includes Interest at ________% 18 Through __________________, ______ (date) 19 20 WRIT OF GARNISHMENT 21 22 THE STATE OF NEW MEXICO to ____________________, garnishee. 23 24 _____________ ______ _ is the judgment debtor in this case 25 and owes the amount set out above to the judgment creditor 26 ______________________ whose address is ___________________. 27 28 The above judgment creditor believes that y ou hold or 29 control money or property which belongs to the judgment debtor. 30 31 YOU ARE ORDERED to f ile a written answer with the 32 ____________________ court located at____________________ within 33 twenty (20) days from the d ay you receive this writ. Your 34 answer must be under oath and on the attached form (answer b y 35 garnishee). 36 37 YOU ARE FURTHER ORDERED, as follows: 38 39 1. If you owe the judgme nt deb tor any money (other than 40 wages), o r become indebted to the judgment debtor before 41 filing your answer, you must keep a sufficient amount of 42 that money to satisfy the judgment and all costs an d43 attorney fees due as a result of se rvice of this writ and 44 not pay it to the judgment debtor, unless this court enters 45 an order releasing this writ of garnishment. 46 47 2. If the judgment debtor is an employee of yours, unless the 48 debt is for child or spousal support, you shall pay your 49 employee, the judgment debtor, only 50 51 A. 75% of the debtors disposable earnings 52 (salary less social security, federal and state <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-806 Supreme Court Approved October 2, 2001 1 withholdings, and any other deduction required by law) 2 for any pay period; 3 4 OR 5 6 B. an amount each week equal to forty times the 7 federal minimum hourly wage rate; 8 9 whichever is greater. 10 11 If the debt is for child su pport or spousal support 12 payment s, you shall pay the judgment debtor 50% of the 13 debtors disposable earnings (salary less social security, 14 federal and state withholding). 15 16 If employees wages or salary are subject to more than one 17 garnishment or wage withholding proceeding, the writs shall 1 18 be satisfied in the order they have been served on you. 19 20 In no event may you withhold from your employees net 21 disposable ea rn ings more than fifty percent (50%) of the 22 employees net disposable earnings if one of th e writs is 23 for child or spousal support or more than twenty- fiv e24 percent (25%) if none of the garnishments is for child or 2 25 spousal support. 26 27 Any wages you owe the employee in excess of that amount or 28 that you may come t o owe the employee in excess of that 29 amount must be kept by you until further order of this 30 court. (A ta ble giving equivalent exemptions for pay 31 periods of other than one (1) week may be obtained from the 32 Financial Institutions Division of the Regulation and 33 Licensing Department, 725 St. Michaels Drive, Santa Fe, New 34 Mexico 87503.) 35 36 3. I f y ou have any property which belongs to the judgment 37 debtor including any rights, credits, bonds, bills, notes, 38 drafts and other rights to property or money which belongs 39 to the judgment debtor or if you acquire any such property, 40 money or rights to property or money before filing your 41 answer, you must keep a sufficient amount of that property 42 to satisfy the existing judgment and costs and not turn it 43 over to the judgment debtor u nle ss the court enters an 44 order releasing the property or money. 45 46 4. If you hold property or mon ey bel onging to the judgment 47 debtor, within four (4) business days after service of this 48 writ you are to mail or deliver a copy of this writ and the 49 application for writ provided by the judgment creditor. If 50 you hold property or money of the judgment debtors ot her 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-806 Supreme Court Approved October 2, 2001 1 than wages and the debtor is a natural person, you shall 2 also mail or deliver to the judgment de bto r, the attached 3 notice of right to claim exemptions and a copy of the 4 attached claim of exe mption forms, to each person 5 identified as a judgment debtor. You shall also send or 6 deliver a copy of your answer to this writ to the judgment 7 debtor and to the judgment creditor. 8 9 5. The court will be asked to enter an order awarding 10 $__________ for the judgment creditors c os ts relative to 11 the service of the writ of garnishment and $___________ for 12 judgment creditors attorneys fees in connection with the 13 writ of g a rnishment in addition to $___________, the 14 "Balance Due Application for Writ". 15 16 THIS IS A COURT ORDER. If you fa il to file the answer, or if 17 you disobey any of these orders, a judgment may be entered 18 a gainst you for the full amount of the unpaid judgment in thi s19 case. 20 21 (Seal) ___________________________ 22 Judge or clerk 23 24 25 RETURN 26 27 STATE OF NEW MEXICO ) 28 ) ss. 29 COUNTY OF __________________ ) 30 31 32 RETURN FOR COMPLETION BY SHERIFF OR DEPUTY: 33 34 I certify that I served this writ in said county on the ______ 35 day of ________________________, ______, by delivering a copy of 36 the writ, a copy of the application for writ, a copy of a fo rm 37 for answer by garnishee, a copy of a notice of right t o clai m38 exemptio ns for e ach judgment debtor and a copy of the claim of 39 exemption form for each judgment debtor to ____________________ 40 garnishee. 41 42 (For garnishment of wages, serve only copies of the application 43 for writ of garnishment, writ of garnishment and answer form. 44 For garnishment other than wages, if the judgment debtor is a 45 natural person, serve the applic ation for writ of garnishment, 46 the writ of garnishment, a copy of the notice of right to claim 47 exemptions, a copy of the claim of exemption form and a copy of 48 the answer by garnishee. Judgment debtors who are not natural 49 persons are not entitled to garnishment exemptions.) 50 3 <<<<<<<<<********>>>>>>>>>>>>> 4 CIVIL FORM 4-806 Supreme Court Approved October 2, 2001 1 By _____________________
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