Summons And Notice Of Trial On Petition For Termination Of Tenancy {4-924}

CIVIL FORM 4-924 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 4-924 2 3 [Sections 47-10-4 and 47-8-43 NMSA 1978] 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 SUMMONS 19 AND NOTICE OF TRIAL ON 20 PETITION FOR TERMINATION OF TENANCY 21 (Mobile Home Park Act) 22 23 To: ______________________________________, defendant 24 25 Address: _________________________________________________ 26 27 ____________________________, New Mexico ________ 28 29 You are notified that an action has been filed to 30 terminate the rental agreement or lease of a mobile home space 31 located in ________________ County, New Mexico at: 32 33 _______________________ (name of mobile home park) 34 _______________________ (mobile home address) 35 _______________________ (mobile home lot or space) 36 ________________________, New Mexico _________. 37 38 You are ordered to appear for trial before the Honorable 39 ___________________________, Judge, Div._____, located at 40 _________________________, New Mexi co on the ____ day of 41 _____________ _, ___ ___, at the hour of ___.m. to show cause 42 and present all evidence you may have why the tenancy should 1 43 not be terminated. 44 45 Your failure to appear at the time and place specified46 above may result in the entry of judgment against you in 47 accordance with the pet ition filed by the plaintiff in this 48 action, a copy of which is attached. 49 50 You may file a written answer and assert any claims you 51 may have prior to the trial. <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-924 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 FOR USE ONLY IN METROPOLITAN COURT CASES 2 [ IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, 3 YOU MUST REQUEST IT BEFORE THE BEGINNING OF THE 4 PROCEEDING. IF YOU DO NOT ASK FOR A TAPE 5 RECORDING, YOU WILL NOT HAVE A RECORD OF THE 6 PROCEEDINGS TO TAKE TO THE DIST RICT COURT FOR ANY 7 APPEAL. ] 8 9 Dated: ________________. 10 11 _________________________________ 12 Judge 13 14 By: _____________________________ 15 Clerk 16 17 18 THIS IS YOUR NOTICE OF TRIAL 19 and will be the only notice 20 that you will receive. 21 2 22 RETURN 23 24 STATE OF NEW MEXICO ) 25 ) ss 26 COUNTY OF _____________) 27 28 (complete if service is by a person 3 29 other than the sheriff or deputy ) 30 31 I, being sworn state that I am over the age of eighteen (18) 32 years and not a party to this lawsuit, and that I served this 33 summons in ________________ county on the _____ day of 34 _____________________, _____ (date) , by delivering a copy of 35 this summons, a copy of the petition and a copy of the answer 4 36 form in the following manner: 37 338 (check and complete only if service by sheriff or deputy) 39 40 I certify that I served this summ ons in ___________________ 41 county on the ____ day of _________________, (date) , by42 delivering a copy of the summons, a copy of the petition and 43 an answer form in the following manner: 44 45 (person serving summons must check one of following boxes and 46 fill in appropriate blanks) 47 [ ] by delivering a copy of this summons, a copy of the48 petition and an answer form to the defendant 49 _____________________ (used when defendant receives 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-924 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 copy of summons or refuses to receive summons). 2 3 [ ] by delivering a copy of this summons, a copy of the 4 petition and an answer form to ___________________, 5 a person ov er f ifteen (15) years of age and 6 residing at the usual place of ab ode of defendant 7 ______ ____ _______, located a t 8 _____________________________________ (address). 9 ( used when defendant is not presently at th e 10 abode.) . 11 12 [ ] by posting a copy of the summons, petition an d an 13 answer form in the most public part of the premises 14 of defendant _________________________ located at 15 ____________________________________ (address). 16 (used if no person found at dwelling house or usual 17 place of abode.) (If service is by posting a copy 18 of the summons, petition and an answer form must 19 a lso be mailed to the person served. The per so n 20 serving by p osti ng and the person serving by mail 21 must each sign a ret urn. The person mailing must 22 check and complete the certificate of mailing at 23 the end of this summons.) 24 25 [ ] by delivering a copy of this summons, a copy of the 26 petition and an answer form to __________________, 27 an agent authorized to rec eive service of process 28 for defendant. 29 30 [ ] by delivering a copy of this summons, a copy of the 31 complaint and an answer form to _______________, 32 (parent) (guardian) (custodian) of defendant (used 33 when defendant is a minor or an incompetent 34 person) . 35 36 [ ] by delivering a copy of this summons, a copy of the 37 petition and an answer form to __________________ 38 (name of person) , ___________________, (title of 39 person authorized to receive service ) (used when 40 defendant is a corporation or an association 41 subject to a suit under a common name, a land grant 42 board o f trus tees, the State of New Mexico or any 43 political subdivision) . 44 45 [ ] by service by mail. 46 47 Fees: _____________________ 48 49 3 <<<<<<<<<********>>>>>>>>>>>>> 4 CIVIL FORM 4-924 Supreme Court Approved June 16, 1997 [ NEW MATERIAL] 1 ____________________________________ 2 Signature of person making service 3 4 ____________________________________ 5 Title (if any) 6 7 Subscribed and sworn to 8 before me this _____ 9 day of ______________, _____ 10 ______________________________ 11 Judge, notary or other officer 3 12 authorized to administer oaths 13 14 ______________________________ 15 Official title 16 17 518 (To be completed if service is made by posting) 19 20 I, being sworn, state that I am over the age of eighteen (18) 21 years and not a party to this lawsuit, and that I served a 22 copy of this summons on t he ___ _ day of _______________, 23 _____, by mailing first class mail, postage prepaid, a copy of 24 this summons, a copy of the complaint, and an answer form to:25 26 __________________________ (name of person served) 27 __________________________ (address where mailed) 28 __________________________ (county) 29 30 __________________________ (city, state and zip code) 31 32 33 _________