New Mexico Forms Library

4-801A. Writ of execution.

[For use with Rule 1-065.1 NMRA]  

STATE OF NEW MEXICO 

IN THE DISTRICT COURT

________________________________ COUNTY                   No. __________________   

________________________________________, Plaintiff 

v. 

________________________________________, Defendant      

WRIT OF EXECUTION

THE STATE OF NEW MEXICO to the sheriff or a full-time salaried deputy sheriff of any New Mexico county: 

Judgment having been entered in this action, you are ordered to levy against property of __________________ at __________________ in your county, the sum of $__________________ (which is the judgment and costs to date) plus interest at the rate of ________ % per year from the ________ day of __________________, ________ (date of judgment), and your fees thereon, and return this writ to me within sixty (60) days.    

__________________, ________            ___________________________________

                                                                        Judge or clerk

(This form may also be issued as a second or subsequent writ.)

RETURN

            I certify that I carried out this writ of execution, as follows: 

(check appropriate box or boxes and fill in blanks)  

[   ]       The writ was served on judgment debtor on ________________, ________, and  

[   ]       full payment was made 

[   ]       partial payment was made in the amount of __________________ 

[   ]       No non-exempt property of judgment debtor was found on which levy could be made. 

Property seized: 

[   ]       I levied upon the following real property

[   ]       Personal property was taken into custody on __________________, ________.  A written inventory is attached. 

[   ]       Judgment debtor provided bond to retain possession. A copy of the bond is attached. 

Date of return: ______________________________

                                                                        SHERIFF OF __________________________

                                                                        COUNTY, State of New Mexico

                                                                        By___________________________________

                                                                        Deputy or other authorized person

USE NOTES

            The sheriff is obligated by law to make timely return. 

            Only non-exempt property may be seized. The sheriff may not seize any personal clothing, furniture or books or any jewelry unless the total value of all jewelry exceeds $2,500. 

[Adopted, effective July 1, 1992; as amended, effective January 1, 1996.]