New Mexico Forms Library
Decision Information
Chapter 47 - Property Law - cited by 1,257 documents
Rule Set 4 - Civil Forms - cited by 853 documents
Decision Content
4-905. Summons and notice of trial on petition for writ of restitution (Uniform Owner-Resident Relations Act).
[Section 47-8-43 NMSA 1978]
STATE OF NEW MEXICO
______________________________ COURT
______________________________ COUNTY
No. ____________
________________________________________, Plaintiff
v.
________________________________________, Defendant
SUMMONS AND NOTICE OF TRIAL
ON PETITION FOR WRIT OF RESTITUTION
(Uniform Owner-Resident Relations Act)
To: _________________________________________________________, defendant
Address: ___________________________________________________________
____________________________________, New Mexico ____________
GREETINGS:
You are ordered to appear for trial before the Honorable ________________________, Judge, Div.__________, located at ______________________________, New Mexico on the ________ day of ______________, ________ (date), at the hour of ________.m. to show cause and present all evidence you may have why the plaintiff's petition for a writ of restitution for the property located at ______________________________ should not be granted and why the plaintiff should not have judgment against you for any back rents or damages you caused to the property, in accordance with the petition filed by the plaintiff in this action, a copy of which is attached.
Your failure to appear at the time and place specified above may result in the entry of judgment against you in accordance with the petition filed by the plaintiff in this action, a copy of which is attached.
You may file a written answer and assert any claims you may have prior to the trial.
FOR USE ONLY IN METROPOLITAN COURT CASES
[IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, YOU MUST REQUEST IT BEFORE THE BEGINNING OF THE PROCEEDING. IF YOU DO NOT ASK FOR A TAPE RECORDING, YOU WILL NOT HAVE A RECORD OF THE PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR ANY APPEAL.]
Dated: __________________
_____________________________________
Judge
By: _____________________________________
Clerk
THIS IS YOUR NOTICE OF TRIAL
and will be the only notice
that you will receive.
RETURN1
STATE OF NEW MEXICO )
) ss
COUNTY OF ___________________ )
(complete if service is by a person
other than the sheriff or deputy3)
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 this summons in ________________________ county on the __________ day of ______________, ________ (date), by delivering a copy of this summons, a copy of the petition and a copy of the answer form2 in the following manner:
(check and complete only if service by sheriff or deputy)3
I certify that I served this summons in ________________________ county on the __________ day of ______________, ________ (date), by delivering a copy of the summons, a copy of the petition and an answer form2 in the following manner:
(person serving summons must check one of following boxes and fill in appropriate blanks)
[ ] by delivering a copy of this summons, a copy of the petition and an answer form to the defendant __________________ (used when defendant receives copy of summons or refuses to receive summons).
[ ] by delivering a copy of this summons, a copy of the petition and an answer form to __________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant __________________, located at ______________________________ (address) (used when defendant is not presently at the abode).
[ ] by posting a copy of the summons, petition and an answer form in the most public part of the premises of defendant __________________ located at ______________________________ (address). (Used if no person found at dwelling house or usual place of abode.) (If service is by posting a copy of the summons, petition and an answer form must also be mailed to the person served. The person serving by posting and the person serving by mail must each sign a return. The person mailing must check and complete the certificate of mailing at the end of this summons.)
[ ] by delivering a copy of this summons, a copy of the petition 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 when defendant is a minor or an incompetent person).
[ ] by delivering a copy of this summons, a copy of the petition and an answer form to ________________________ (name of person), __________________, (title of person authorized to receive service) (used when defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).
[ ] by service by mail.
Fees: __________________
____________________________________
Signature of person making service
____________________________________
Title (if any)
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 posting)4
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, and an 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, an answer form and two copies of the notice and acknowledgement and a return envelope, postage prepaid, addressed 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 oaths
______________________________
Official title3
USE NOTES
1. 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 answer forms, see Rule 4-907 NMRA.
3. If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of 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 NMRA must be completed and mailed with this summons.
[Former Rule 4-904 SCRA 1986; recompiled as Rule 4-905 NMRA and amended, effective September 2, 1997.]