[1-065.2, 2-802, 3-802]
STATE OF NEW MEXICO
COUNTY OF ______________________
[IN THE [MAGISTRATE] [METROPOLITAN] COURT]
[_____________________ JUDICIAL DISTRICT]
__________________________________, Plaintiff
v. No. __________
__________________________________, Defendant
____________________________________________
Garnishee
ANSWER BY GARNISHEE
In answer to the writ of garnishment, garnishee states:
(complete only applicable parts of this form)
1. Wages
[ ] I do not employ the judgment debtor or pay the
judgment debtor any wages.
[ ] The judgment debtor was my employee but is not any
longer. Judgment debtor's employment was ended
________________, ______, before I was served with the
writ of garnishment.
[ ] I pay the judgment debtor $______________ (per week)
(per hour) (per________________) as wages.
GROSS WAGES per pay period $_______________
Federal income tax $_______________
F.I.C.A. $_______________
State income tax $_______________
Other deduction required by law
$_______________
NET WAGES per pay period $_______________
75 Percent of net wages per pay period
$_______________
40 times weekly federal minimum
wage for each week in pay
period ________________ $________________
2. Money other than wages
[ ] I do not now owe the judgment debtor any money.
[ ] I owe the judgment debtor $__________.
[ ] I did not owe the judgment debtor any money at the
time of the service of the writ of garnishment;
however, between the date of the service of the writ
of garnishment and the date of filing this answer the
sum of $___________ belonging to the judgment debtor
came into my possession.
[ ] On the date of this answer I do not now owe the
judgment debtor any money.
3. Property other than money
[ ] I have no property of the judgment debtor in my
possession and have not received any since receiving
the writ of garnishment.
[ ] I have in my possession the following property which
belongs to the judgment debtor:
(description) (approximate value)
____________________ $___________________
____________________ $___________________
4. Wage withholding
(check and complete all applicable alternatives)
[ ] I am presently withholding _____% of the judgment
debtor's net disposable earnings pursuant to the
Support Enforcement Act. (Attach a copy of order and
file it with this answer.)
[ ] I have been served with other writs or orders to
withhold wages of the above judgment debtor which have
not been satisfied. (If you have been served with
other writs of garnishment or court orders to withhold
wages of the above judgment debtor, attach and file a
copy of each writ or order with this answer.)
[ ] The percent of the judgment debtor employee's net
disposable earnings I am presently withholding for all
garnishment proceedings is _______% of the debtor's
net disposable earnings.
5. Money other than wages
[ ] I have been served with other writs or orders to
withhold money owed to the above judgment debtor which
have not yet been satisfied. (Attach a copy of each
order and file it with this answer.)
6. Service requirements compliance
[ ] I have sent the following papers which have been
provided to me by the judgment creditor to the
judgment debtor:
if wages withheld: a copy of the application for a
writ of garnishment; the writ of garnishment; and a
copy of this answer have been mailed to each judgment
debtor.
if money or property other than wages withheld: a copy
of the application for a writ of garnishment; the writ
of garnishment; a notice of right to claim exemptions;
a claim of exemption form and a copy of this answer
have been mailed to each judgment debtor.
[ ] I am not aware of the location or address of the
judgment debtor and therefore am unable to serve the
notices set forth in this paragraph.
[ ] A copy of this answer has been mailed or delivered to
the judgment creditor.
7. Attorneys fees
[ ] The garnishee has incurred $ ________________ in
attorney's fees in preparing this answer.
The undersigned, the named garnishee, or an officer,
partner or authorized representative of the named garnishee
verifies that the foregoing answer by garnishee is true to the
best of garnishee's knowledge and belief; that the undersigned
is the custodian of the records upon which the answer is based,
and that the answer is true and correct based upon these
records.
__________________________________
Signature of garnishee or attorney
__________________________________
Printed name of person signing
___________________________________
Address
____________________________________
City, state and zip code (print)
_____________________________________
Telephone number
Subscribed and sworn to before
me this ____________day of ____
___________________, ______
______________________________
Judge, notary or other officer
authorized to administer oaths
[As amended, effective June 15, 1986; January 1, 1987; July 1,
1992; January 1, 1996; December 3, 2001.]