4-805A

[For use with Magistrate Court Rule 2-801

and Metropolitan Court Rule 3-801]

STATE OF NEW MEXICO

COUNTY OF ___________________________

IN THE _____________________ COURT

_____________________________________

Plaintiff

v.No. ______________

_____________________________________

Defendant

APPLICATION FOR WRIT OF EXECUTION

_______________________ the judgment creditor, states:

(1)The judgment creditor has a judgment dated __________________________ (date judgment filed) 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 4-801 as "Balance Due upon Application for Writ") plus interest from the date this Application is executed.

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

(2)(check one of the following)

[ ]I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days prior to filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.¹

[ ]The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.²

[ ]The judgment debtor is not a natural person.

The judgment creditor requests the court to issue a Writ of Execution for non-exempt property for the judgment debt.

________________________________

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

(This application must be sworn to unless it is signed by an attorney.)

I declare under penalty of perjury that the foregoing is true and correct.

Subscribed and sworn to before me this ______ day of

______________, _______

__________________________________ (seal)

Notary or other officer authorized

to administer oaths

USE NOTE

1.If the judgment debtor is a natural person Civil Form 4-808A NMRA, Notice of Right to Claim Exemptions from Execution must have been served on the judgment debtor.

2.This alternative may be checked if the judgment debtor filed a waiver of the right to claim exemptions. See Civil Form 4-803, Claim of Exemptions, also contains the waiver form.

[Approved, effective May 15, 2003.]