New Mexico Forms Library

4-805. Application for writ of garnishment. 

[For use with Rules 1-065.2, 2-802, and 3-802 NMRA] 

STATE OF NEW MEXICO

COUNTY OF ________________

IN THE ____________________ COURT

________________________________, Plaintiff

v.                                                                                 No. ______________        

________________________________, Defendant

APPLICATION FOR WRIT OF GARNISHMENT

The judgment creditor, __________________________, states: 

(1)       The judgment creditor has a judgment dated ____________________ against the judgment debtor whose name is ________________________________________, and whose last known address is _______________________________________.

(2)       The total amount of the judgment including the principal, interest, costs, and attorney fees awarded by the judgment was $____________________.

(3)       From the date the judgment was filed through the date this Application was signed, additional interest at the rate of __________% totals $_______________.  Judgment creditor has incurred additional costs of $____________________ and additional attorney fees of $____________________.           

(4)       Payments totaling $____________________ have been received. 

(5)       The unpaid balance now due is $____________________ (Insert this amount on Civil Form 4-806 NMRA as “Balance Due upon Application for Writ.”) plus interest from the date this Application is filed. 

(6)       Estimated costs would equal $____________________ and the judgment creditor will seek $____________________ in attorney fees. 

(7)       Judgment debtor, to my knowledge, does not have sufficient property within New Mexico subject to execution to satisfy the judgment.  I understand that I have a duty to make a reasonable investigation into the truth of this statement and have done so as follows:¹

(This allegation is not necessary prior to garnishment of funds for child support or alimony obligations.)

            ________________________________________________________________
            ________________________________________________________________
            ________________________________________________________________. 

(8)       I have reason to believe, and do believe, that the garnishee, ________________ (name of garnishee) ___________________________________ (address), holds or controls money or personal property which belongs to the judgment debtor or is indebted to the judgment debtor.²         

(9)       The money or property held by the garnishee is not exempt from garnishment.   

Therefore the judgment creditor requests a Writ of Garnishment.    

                                                            __________________________________________

                                                            Judgment creditor or attorney for judgment creditor

                                                            __________________________________________

                                                            Judgment creditor's or attorney's name printed

                                                            __________________________________________

                                                            Address of judgment creditor or attorney

                                                            __________________________________________

                                                            City, state, and zip code (print)

                                                            __________________________________________

                                                            Telephone number of judgment creditor or attorney

                                                            __________________________________________

                                                            Date of signing 

AFFIDAVIT

(application must be sworn to unless signed by an attorney)

Subscribed and sworn to before me this _____________ day of __________________, ________.

_____________________________________             (seal)

Notary or other officer authorized

to administer oaths

USE NOTES

            1.         The judgment creditor shall list any steps taken to investigate whether the judgment debtor possesses property within New Mexico subject to execution to satisfy the judgment.  A reasonable investigation may be made, for example, by conducting a credit check or by asking the judgment debtor to identify all of the judgment debtor’s assets during a court hearing.

            2.         See Jemko v. Liaghat, 106 N.M. 50, 52, 738 P.2d 922, 925 (Ct. App. 1987) (providing that a judgment creditor, acting pursuant to a writ of garnishment, may only seize property belonging to the judgment debtor); Alcantar v. Sanchez, 2011-NMCA-073, 150 N.M. 146, 257 P.3d 966 (discussing garnishment procedures in the case of joint bank accounts).

[As amended, effective June 15, 1986; January 1, 1987; July 1, 1992; January 1, 1996; as amended by Supreme Court Order No. 09-8300-024, effective September 4, 2009; by Supreme Court Order No. 12-8300-030, effective for all cases filed or pending on or after January 7, 2013.]