[1-065.2]
STATE OF NEW MEXICO
COUNTY OF _____________________________
_________________ JUDICIAL DISTRICT
_____________________________, Plaintiff (Judgment creditor)
v. No. _________
_____________________________, Defendant (Judgment debtor)
_____________________________, Garnishee
JUDGMENT ON WRIT OF GARNISHMENT, CLAIM OF
EXEMPTION AND ORDER TO PAY
This matter coming before the court, the court finds:
[ ] 1. At the time the writ of garnishment was served on the
garnishee, the amount of $___________ was unpaid and
owing to the judgment creditor.
[ ] 2. As a result of this garnishment proceeding, judgment
creditor has spent additional costs and fees of
$_________________
[ ] 3. The total amount of judgment and costs to date are
$_________plus interest of ____% per year from
________________, _______
[ ] 4. The garnishee is not an employer of the judgment
debtor and has also certified that it has mailed
copies of the application for a writ of garnishment;
the writ of garnishment; notice of right to claim
exemptions and a claim of exemption form and a copy of
its answer to the judgment debtor(s) or their attorney
of record, if any.
[ ] 5. The judgment debtor:
[ ] has not filed a claim of exemption;
[ ] has filed a claim of exemption and the judgment
creditor has not disputed the claim of exemption
for the following property and such money or
property is therefore exempt:
___________________________________________;
or
[ ] has filed a claim of exemption which has been
disputed and after a hearing, the court finds
that the following property is exempt from
garnishment:_____________________________________
_________________________________________________
_________________________________________________
[ ] 6. The garnishee:
[ ] is in default;
[ ] is indebted to the judgment debtor in the amount
of $___________;
[ ] is indebted to the judgment debtor for wages;
[ ] is not indebted to the judgment debtor;
[ ] holds property of the judgment debtor;
[ ] does not hold property of the judgment debtor.
[ ] 7. Pursuant to the Support Enforcement Act, the
garnishee:
[ ] is withholding $__________ of the judgment
debtor's income pursuant to a Notice to Withhold
Income;
or
[ ] is not withholding any income of the judgment
debtor pursuant to such a Notice.
[ ] 8. Pursuant to Section 35-12-16 NMSA 1978, the judgment
creditor:
[ ] is entitled to additional fees and costs of
$__________;
or
[ ] is not entitled to additional fees and costs.
THE COURT ORDERS:
1. Default judgment against garnishee
[ ] The judgment creditor recover from the garnishee the sum of $__________, plus ____________ percent per
annum interest from the date the application was
executed, the garnishee having failed to answer the
writ;
or
2. Payment of money other than wages
[ ] The judgment creditor recover from the garnishee the
sum of $________, which includes _________ percent per
annum interest thereon from the date the application
was executed to the date the answer was filed, such
sum being held by garnishee other than as wages;
or
3. Wage withholding other than child or spousal support
[ ] The judgment being other than for child or spousal
support, the judgment creditor recover from the
garnishee the sum of $___________, plus interest at
the original judgment rate, until paid in full, to be
deducted from the judgment debtor's wages.
The garnishee shall pay the judgment debtor only:
(a) 75% of judgment debtor's disposable earnings
(salary less social security, federal and
state tax withholdings, and any other
deduction required by law) for any pay
period;
OR
(b) an amount each week equal to forty times the
federal minimum hourly wage rate;
whichever is greater.
The balance of the judgment debtor's disposable
earnings shall be paid over to the judgment creditor
each payday until the judgment herein is satisfied,
after this balance is first used to pay any prior
garnishment. If the wages of the judgment debtor are
not subject to garnishment because of the application
of the formula set forth above, this order shall
continue and shall automatically take effect when the
wages of the judgment debtor shall increase to an
amount which creates disposable earnings based upon
the formula set forth above.
4. Wage withholding for child or spousal support
[ ] No prior writ or order. The order or decree being for
child or spousal support, the judgment creditor shall
recover from the garnishee the sum of $________, plus
interest at the original judgment rate, until paid in
full, to be deducted from the judgment debtor's wages.
The garnishee shall pay the judgment debtor 50% of
judgment debtor's disposable earnings (salary less
social security, federal and state tax withholdings,
and any other deduction required by law) for any pay
period. If there is no prior garnishment, the balance
of the judgment debtor's disposable earnings each
payday shall be paid to satisfy this judgment.
[ ] Prior writ or order. If there is a prior garnishment
(one that was served on the garnishee prior to the
date and time the garnishment in this case was
served), up to fifty percent (50%) of the judgment
debtor's disposable earnings each pay period shall be
paid as follows:
first, the amount provided for in the judgment
entered on the prior writ of garnishment shall be
applied to the prior garnishment. If a judgment
has not yet been entered on the prior writ of
garnishment, the garnishee shall withhold the
amount ordered by the prior writ of garnishment
to be applied to the prior writ of garnishment
when the judgment is entered;
next, until all prior writs have been fully
satisfied, the remainder of the balance of fifty
percent (50%) of the judgment debtor's disposable
earnings shall be paid to this judgment creditor
to satisfy the child or spousal support order.
Upon satisfaction of all prior writs of
garnishment, the entire balance of the judgment
debtor's disposable earnings shall be applied to
satisfy this child or spousal support order
judgment. If the wages of the judgment debtor
are not subject to garnishment because of the
application of the formula set forth above, this
order shall continue and shall automatically take
effect when the wages of the judgment debtor
shall increase to an amount which creates
disposable earnings based upon the formula set
forth above.
[ ] Prior child or spousal support writ. Upon motion of
the judgment debtor, this court orders the
distribution of the judgment debtor's child or spousal
support obligations as follows: ______________________
______________________________________________________
If the moneys being withheld pursuant to a notice to
withhold income under the Support Enforcement Act
exceed the otherwise garnishable amounts this
garnishment shall continue in effect until the notice
to withhold income has been voided, modified,
suspended or terminated, at which time the full amount
allowed for garnishment shall be paid to the judgment
creditor.
If the wages being withheld pursuant to a notice to
withhold income under the Support Enforcement Act are
less than twenty-five percent (25%) of the judgment
debtor's disposable earnings, the difference between
the amount withheld for child or spousal support and
the amount equal to twenty-five percent (25%) of the
judgment debtor's disposable earnings shall be paid to
the judgment creditor, until the child or spousal
support notice to withhold income has been voided,
modified, suspended or terminated, at which time the
full amount allowed for garnishment shall be paid to
the judgment creditor.
5. Money or property other than wages
[ ] The money or property held by the garnishee is exempt
from garnishment and the writ of garnishment in this
case is hereby released and discharged; and the
garnishee no longer has any obligation to withhold
wages, money or property from the judgment debtor on
account of that writ.
[ ] The garnishee, having no money or property of the
judgment debtor, is discharged and released from the
writ of garnishment.
[ ] The garnishee shall turn over to the judgment creditor
the property of the judgment debtor shown on Exhibit
A attached hereto.
6. Costs and fees
[ ] The judgment creditor is awarded, in addition to the
above amounts, the sum of $_________ as additional
costs and fees pursuant to Section 35-12-16 NMSA 1978.
[ ] The garnishee shall be reimbursed $_________ for its
costs and $___________ for its attorney's fee, the
same to be paid by the ________________. If paid by
the judgment debtor said sum shall be paid from the
first moneys otherwise payable to the judgment
creditor but shall not reduce the amount the judgment
creditor is to be paid, as ordered above.
7. Payments
Payments under this order shall be sent to:
________________________________
(name of judgment creditor)
________________________________
(address of judgment creditor)
________________________________
(city, state and zip code)
______________, _______ ____________________________
Judge
[As amended, effective June 15, 1986; January 1, 1987; July 1,
1992; January 1, 1996; October 15, 1999; December 3, 2001.]