Civil Summons {4-204}

4-204. Civil summons.[For use with Rules 2-202 and 3-202 NMRA]STATE OF NEW MEXICO COURT COUNTY, Plaintiffv.No. Judge assigned:, Defendant CIVIL SUMMONS TO: , Defendant1ADDRESS: GREETINGS: THIS IS A COURT ISSUED SUMMONS. A LAWSUIT HAS BEEN FILED AGAINST YOU. A copy of the lawsuit (complaint) and aresponse form (answer form)2 are attached. YOU ARE REQUIRED TO FILE A WRITTEN RESPONSE TO THE COMPLAINTWITHIN TWENTY (20) DAYS AFTER THE SUMMONS HAS BEEN SERVED ON YOU.You must file (in person or by mail) your written response with the court. When you file yourresponse, you must give or mail a copy to the person who signed the complaint. IF YOU DO NOT FILE A WRITTEN RESPONSE WITH THE COURT WITHIN THETWENTY (20) DAY PERIOD, NO COURT DATE WILL BE SET, AND THE COURT MAYENTER A DEFAULT JUDGMENT AGAINST YOU FOR THE MONEY OR OTHER RELIEF REQUESTED IN THE COMPLAINT. A DEFAULT JUDGMENT MEANS YOU LOSE THE CASE AND YOU OWE THE PLAINTIFF. IF YOU DO NOT FILE A WRITTEN RESPONSE WITH THE COURT YOU MAY BEGIVING UP ANY DEFENSES YOU MAY HAVE, FOR EXAMPLE, THAT YOU DO NOTOWE THE PLAINTIFF OR THAT TOO MUCH TIME HAS PASSED.You may wish to consult a lawyer. You may contact the State Bar of New Mexico for helpfinding a lawyer at www.nmbar.org; 1-800-876-6657; or 1-505-797-6066.You are entitled to a jury trial in most types of lawsuits. To get a jury trial, you must request one American LegalNet, Inc. www.FormsWorkFlow.com in your written response, and you must pay a jury fee when you file your response.If you need an interpreter, you must ask the court for one in writing. (The following paragraph is for use only if summons issued by the Metropolitan Court.)IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, YOU MUST REQUEST ITPRIOR TO THE BEGINNING OF THE PROCEEDING. IF YOU DO NOT ASK FOR A TAPERECORDING, YOU WILL NOT HAVE A RECORD OF THE PROCEEDINGS TO TAKE TOTHE DISTRICT COURT FOR ANY APPEAL.Your answer must be filed with the court which is located at: (street address of court) A copy of your answer or responsive pleading must be mailed to: (name and address of plaintiffor plaintiff's attorney) Name: Address: Clerk RETURNSTATE OF NEW MEXICO ) ) ssCOUNTY OF ) (complete the following, unless service by sheriff or deputy)3I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit,and that I served this summons in county on the day of, , by delivering a copy of this summons, a copy of the complaint andan answer (indicate below how served):(complete if service by sheriff or deputy)3I certify that I served this summons in county on the day of, , by delivering a copy of this summons, a copy of the complaint andan answer form in the following manner: (person serving summons must check one box and fill in appropriate blanks)[ ]by delivering a copy of this summons, a copy of the complaint and an answer form to thedefendant, (used when defendant receives copy of summons orrefuses to receive summons). American LegalNet, Inc. www.FormsWorkFlow.com [ ]by delivering a copy of this summons, a copy of the complaint and an answer form to, a person over fifteen (15) years of age and residing at the usualhome of the defendant, , located at (address). (used when defendant is not presently atthe home.)[ ] by posting a copy of the summons, complaint and an answer form in the most public partof the usual home of (name of defendant) located at (address) (used if no person found at home or usual place ofresidence).(If service is by posting a copy of the summons, complaint and an answer form must alsobe mailed to the person served. The person serving by posting and the person serving bymail must each sign a return. The person mailing must check and complete the certificateof mailing at the end of this summons.)[ ]by delivering a copy of this summons, a copy of the complaint and an answer form to, an agent authorized to receive service of process for defendant.[ ]by delivering a copy of this summons, a copy of the complaint and an answer form to, (parent) (guardian) (custodian) of defendant (used whendefendant is a minor or an incompetent person).[ ]by delivering a copy of this summons, a copy of the complaint and an answer form to (name of person), , (title of personauthorized to receive service) (used when defendant is a corporation or an associationsubject to a suit under a common name, a land grant board of trustees, the State of NewMexico or any political subdivision).[ ]by service by mail.Fees: Signature of person making serviceTitle (if any) Subscribed and sworn tobefore me this day of , Judge, notary or other officer American LegalNet, Inc. www.FormsWorkFlow.com authorized to administer oaths3Official title(To be completed if service is made by posting)4I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit,and that I served a copy of this summons on the day of , ,by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, andan answer form to: (name of person served) (address where mailed) (county) (city, state and zip code) Signature of person making service Title (if any) Place of mailing Date Subscribed and sworn to before me this day of , Judge, notary or other officer authorized to administer oaths3 Official title (To be completed if service is made by mail.)5 I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit,and that I served a copy of this summons on the day of , ,by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, ananswer form and two copies of the notice and acknowledgment and a return envelope, postageprepaid, addressed to: (name of person served) (address where mailed) (county) (city, state and zip code) American LegalNet, Inc. www.FormsWorkFlow.com Signature of person making service Title (if any) Place of mailing Date Subscribed and sworn to before me this day of , . Judge, notary or other officer authorized to administer oaths Official title3 USE NOTE1. A separate summons must be used for each defendant.2.An answer form must be attached to the summons at the time of service. For answerforms, see Rules 4-301 and 4-302 NMRA.3. If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signatureof the sheriff or deputy need not be notarized.4. For use when service is by posting.5. If service is by mail, Civil Form 4-208 must be completed and mailed with this summons. [As amended, effective January 1, 1987; January 1, 1990; July 1, 1990; October 1, 1991; January1, 1993; May 1, 1994; September 2, 1997; as amended by Supreme Court Order No. 16-8300-032, effective for all cases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com