New Mexico > Statewide > Landlord Tenant
Judgment For Restitution 4-909 - New Mexico
| Judgment For Restitution Form. This is a New Mexico form and can be used in Landlord Tenant Statewide . |
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CIVIL FORM 4-909 Supreme Court Approved November 17, 1998 1 4-909 2 3 [Sections 47-8-33, 47-8-43, 47-8-46, 47-8-48] 4 5 STATE OF NEW MEXICO 6 __________________ COURT 7 __________________ COUNTY 8 9 No. _________10 11 _________________________________, Plaintiff 12 13 v. 14 15 _________________________________, Defendant 16 17 18 JUDGMENT FOR RESTITUTION 1 19 (Uniform Owner-Resident Relations Act) 20 21 This matter was set for trial on _______________, _____ 22 (date) the plaintiff appeared (in person) (and) (by attorney 23 ____________). The defendant (did not appear) (appeared) 24 (in person) (and) (by attorney _________________). Having 25 heard the evidence and argument presented, the court finds 26 in favor of: 27 [ ] the plaintiff 28 [ ] the defendant. 29 30 IT IS THEREFORE ORDERED: 31 32 1. The premises at: 33 ______________________________________________ 34 ______________________________________________ 35 ________________________, New Mexico _________ 36 be restored to (plaintiff) (defendant); 37 38 2. The rental agreement (is) (is not) terminated; 39 40 (check, if applicable, and complete) 41 [ ] Plaintiff shall recover from defendant the following 42 amounts: 43 Rents $_____________ 44 Damages $_____________ 45 Attorneys fees $_____________ 46 Costs $_____________ 247 TOTAL $_____________] 48 49 (check, if applicable, and complete) 50 [ ] A writ of restitution be issued effective 3 51 __________________________, _____ (date) . <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-909 Supreme Court Approved November 17, 1998 1 2 (check, if applicable, and complete) 3 [ ] The court further orders ___________________ (other 4 relief) . 5 6 (check, if applicable, and complete) 7 [ ] A hearing on the issue of damages will be held by this 8 court on __________________, ______ (date) at ________ 2 9 (a.m.) (p.m.). 10 11 3. If this case is appealed, the (plaintiff) (defendant) 4 12 shall __________________________________. 13 14 Dated:__________________ ______________________________ 4 15 Judge 16 17 USE NOTES 18 19 1. This form may also be used for a mobile home 20 park with less than 12 units. See Subsection 21 C of Section 47-10-2 NMSA 1978. 22 23 2. Use Civil Form 4-701 if damages are determined at 24 a separate hearing. 25 26 3. Insert a date which is not less than three (3) nor 27 more than seven (7) days from the date of filing 28 of the judgment. 29 30 4. Section 47-8-47 NMSA 1978 provides for a stay of 31 execution upon appeal. If the defendant appeals a 32 writ of restitution, the court shall require an 33 escrow to be paid into the court within five (5) 34 days after the notice of appeal is filed to stay 35 the execution. If a money judgment is appealed 36 the court may require a deposit with the court or 37 a supersedeas bond be filed. See Section 47-8-47 38 NMSA 1978 for appeals by the plaintiff. 39 40 [Rule 4-909 SCRA 1986; as amended, effective September 2, 41 1997; January 1, 1999.] 42
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