New Mexico Forms Library
Decision Information
Rule Set 2 - Rules of Civil Procedure for the Magistrate Courts - cited by 499 documents
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 700 documents
Rule Set 4 - Civil Forms - cited by 853 documents
Decision Content
4-805A. Application for writ of execution.
[For use with Magistrate Court Rule 2-801 NMRA
and Metropolitan Court Rule 3-801 NMRA]
STATE OF NEW MEXICO
COUNTY OF ____________________________
IN THE ________________________ COURT
________________________________________
Plaintiff
v. No. ____________
________________________________________
Defendant
APPLICATION FOR WRIT OF EXECUTION
________________________________________, the judgment creditor, states:
(1) The judgment creditor has a judgment dated ________________________ (date judgment filed) against the judgment debtor whose name is _______________________, and whose last known address is ________________________. The total of the principal, interest, costs and attorney's fees awarded by the judgment was $______________.
Since the judgment was entered, additional interest at the judgment rate of __________% and costs total $______________.
Payments totaling $______________ have been received.
The unpaid balance now due is $______________ (insert this amount on Civil Form 4-801 NMRA as "Balance Due upon Application for Writ") plus interest from the date this Application is executed.
The estimated costs would equal $______________; and the judgment creditor will seek $______________ in attorney fees.
(2) (check one of the following)
[ ] I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days prior to filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.1
[ ] The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.2
[ ] The judgment debtor is not a natural person.
The judgment creditor requests the court to issue a Writ of Execution for non-exempt property for the judgment debt.
________________________________
Judgment creditor or
attorney for judgment creditor
________________________________
Judgment creditor's name printed
________________________________
Address of judgment creditor
________________________________
Printed name of person signing for judgment creditor
________________________________
Telephone of judgment creditor
__________________________________________________
Printed name of judgment creditor's attorney
(if any)
__________________________________________________
Mailing address of judgment creditor's attorney
(number and street or P.O. box)
__________________________________________________
City, State, zip code
__________________________________________________
Telephone number of judgment creditor's attorney
AFFIDAVIT
(This application must be sworn to unless it is signed by an attorney.)
I declare under penalty of perjury that the foregoing is true and correct.
Subscribed and sworn to before me this ___________day of ______________, __________.
__________________________________________ (seal)
Notary or other officer authorized
to administer oaths
USE NOTES
1. If the judgment debtor is a natural person Civil Form 4-808A NMRA, Notice of Right to Claim Exemptions from Execution, must have been served on the judgment debtor.
2. This alternative may be checked if the judgment debtor filed a waiver of the right to claim exemptions. See Civil Form 4-803, Claim of Exemptions, also contains the waiver form.
[Approved, effective May 15, 2003.]