[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
(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.]