4-805

[1-065.2, 2-802, 3-802]

STATE OF NEW MEXICO
IN THE ___________________ COURT         No. _________
__________________________ COUNTY

__________________________________, Plaintiff

against

__________________________________, 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 ___________________________. 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 totals $________________.

    Payments totaling $_____________ have been received.

    The unpaid balance now due is $____________ (insert this amount on Civil Form 4-806 as "Balance Due upon Application for Writ") plus interest from the date this Application is executed. Under the statute, costs of 10% and fees of up to 10% may be allowed.

    The estimated costs would equal $_____________; and the judgment creditor will seek $___________ in attorney fees.

(2)    Judgment debtor, to my knowledge, does not have sufficient property within New Mexico subject to execution to satisfy the judgment; (This allegation is not necessary prior to garnishment of funds for child support or alimony obligations);

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

Therefore judgment creditor requests a Writ of Garnishment.

                        _____________________________
                        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

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

Subscribed and sworn to before me this ______ day of

______________, 19_____


__________________________________             (seal)
Notary or other officer authorized
to administer oaths

[As amended, effective June 15, 1986; January 1, 1987; July 1, 1992; January 1, 1996.]