[1-065.1, 2-801, 3-801]
STATE OF NEW MEXICO
IN THE _________________ COURT
__________________________________, Plaintiff
against
__________________________________, Defendant
A JUDGMENT HAS BEEN ENTERED AGAINST YOU. ALL OF THE PROPERTY
YOU POSSESS MAY BE SEIZED AND SOLD TO PAY THIS JUDGMENT. YOU
MUST COMPLETE AND RETURN THIS FORM WITHIN TEN (10) DAYS TO
CLAIM ANY STATUTORY EXEMPTION FROM THIS SEIZURE AND SALE.
(check only applicable boxes)
Part I. Homestead exemption
(This part is for use only in the district court)
[ ] Judgment debtor owns, leases or is purchasing a dwelling
house which judgment debtor occupies and is entitled to
hold exempt a homestead in the amount of thirty thousand
dollars ($30,000) under Section 42-10-9 NMSA 1978.
Part II. Exemption in lieu of homestead exemption
(Parts II and III are for use in the district
court, magistrate court and metropolitan court)
[ ] Judgment debtor is a resident of this state who does not
claim a homestead exemption, but claims an exemption of
real or personal property in the amount of two thousand
dollars ($2,000) under Section 42-10-10 NMSA 1978. The
property claimed to be exempt is as follows:
LIST PROPERTY STATED VALUE
_________________________________ $_______________
_________________________________ $_______________
(Attach additional page if necessary)
Unless the judgment debtor files a written waiver of
exemption, the sheriff may not seize the judgment debtor's
personal clothing, furniture or books.
In addition to the property claimed or listed as exempt above,
the judgment debtor hereby claims the following exemptions:
(check only applicable boxes)
[ ] personal property worth up to $500
LIST ITEMS STATED VALUE
_________________________________ $_______________
(Attach additional page if necessary)
[ ] tools of the trade worth up to $1,500.
Occupation of judgment debtor: _________________
LIST ITEMS STATED VALUE
_________________________________ $_______________
(Attach additional page if necessary)
[ ] one motor vehicle worth up to $4,000 or that amount of
equity in a more valuable vehicle
MAKE, MODEL AND YEAR OF VEHICLE FAIR MARKET VALUE
_________________________________ $_________________
Amount of any lien on vehicle: $___________.
[ ] jewelry worth up to $2,500
LIST JEWELRY ITEMS STATED VALUE
_________________________________ $_______________
(Attach additional page if necessary)
[ ] medical-health equipment being used for the health of the
claimant or a member of the household of the claimant and
not in a profession; (Attach separate sheet setting
forth items claimed and the name of the household member
and the medical condition of the member.)
[ ] pensions or retirement funds;
[ ] not more than $5,000 in benefits from a benevolent
association of which the judgment debtor is a member;
[ ] building materials not financed by the judgment creditor
in this action as provided by Section 48-2-15 NMSA 1978;
[ ] a partner's interest in specific partnership property
subject to the limitations of Section 54-1-25 NMSA 1978;
[ ] worker's compensation benefits subject to the limitations
of Section 52-1-52;
[ ] occupational health benefits as provided by Section
52-3-37 NMSA 1978;
[ ] unemployment compensation benefits subject to the
limitations of Section 51-1-37 NMSA 1978 for necessities
furnished while the debtor was unemployed and child
support;
[ ] public assistance and welfare benefits;
[ ] cash surrender values and benefits of life insurance
contracts;
[ ] payment from life, accident and health insurance policies
or annuity contracts;
[ ] crime victims' reparation fund payments;
[ ] fraternal benefit society benefits;
[ ] the minimum amount of shares necessary for certain
cooperative associations subject to the limitations
provided by Section 53-4-28 NMSA 1978;
[ ] the debtor's membership interest in the property of a
club or association pursuant to Section 53-10-2 NMSA
1978;
[ ] oil and gas equipment not financed by the judgment
creditor to be used for purposes for which it was
purchased as provided by Section 70-4-12 NMSA 1978;
[ ] allowances to surviving spouse and children from estate
of a deceased estate subject to the limitations of
Sections 45-2-401 and 45-2-402 NMSA 1978;
THIS LIST MAY NOT BE COMPLETE. YOU MAY CLAIM ANY OTHER
EXEMPTION PERMITTED BY LAW BY COMPLETING THE FOLLOWING:
[ ] other exemption (specify) __________________________
____________________________________________________.
I am aware of my exemption rights:
[ ] I desire to claim my exemption rights
[ ] I waive my right to claim my exemption rights to the
following property
LIST ITEMS STATED VALUE
_________________________________ $_______________
(Attach additional page if necessary)
I understand that by waiving my statutory right to
exempt property, this property may be seized and
sold.
YOU MUST RETURN A COMPLETED AND SIGNED COPY OF THIS FORM TO
THE CLERK OF THE COURT WHOSE ADDRESS IS SHOWN BELOW. YOU MUST
ALSO SERVE A COPY ON THE JUDGMENT CREDITOR.
_________________, 19_____ ______________________________
Signature of judgment debtor
Return to clerk of the court
__________________________ _______________________________
Name of court Printed name of judgment debtor
__________________________ _______________________________
Address Street address or P.O. box
__________________________ ________________________________
City, state & zip code City, state & zip code
________________________________
Telephone number
The judgment creditor may dispute any of
the claimed exemptions. If the judgment
creditor disputes claimed exemptions and
files a request for hearing on the claimed
exemptions, the clerk will schedule a
hearing on the claimed exemptions.
[As amended, effective January 1, 1986; July 1, 1992; May 1,
1994; January 1, 1996.]