STATE OF NEW MEXICO
_____________________________ COURT
_____________________________ COUNTY
______________________________, Plaintiff
v.
_______________________________, Defendant
Address: _________________________________________________
____________________________, New Mexico ________
You are notified that an action has been filed to
terminate the rental agreement or lease of a mobile home space
located in ________________ County, New Mexico at:
_______________________ (name of mobile home park)
_______________________ (mobile home address)
_______________________ (mobile home lot or space)
________________________, New Mexico _________.
You are ordered to appear for trial before the Honorable
___________________________, Judge, Div._____, located at
_________________________, New Mexico on the ____ day of
______________, ______, at the hour of ___.m. to show cause
and present all evidence you may have why the tenancy should
not be terminated.1
Your failure to appear at the time and place specified
above may result in the entry of judgment against you in
accordance with the petition filed by the plaintiff in this
action, a copy of which is attached.
You may file a written answer and assert any claims you
may have prior to the trial.
FOR USE ONLY IN METROPOLITAN COURT CASES
[ IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING,
YOU MUST REQUEST IT BEFORE THE BEGINNING OF THE
PROCEEDING. IF YOU DO NOT ASK FOR A TAPE
RECORDING, YOU WILL NOT HAVE A RECORD OF THE
PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR ANY
APPEAL.]
Dated: ________________.
_________________________________
Judge
By: _____________________________
Clerk
THIS IS YOUR NOTICE OF TRIAL
and will be the only notice
that you will receive.
STATE OF NEW MEXICO )
) ss
COUNTY OF _____________)
(complete if service is by a person
other than the sheriff or deputy3)
I, being sworn state that I am over the age of eighteen (18)
years and not a party to this lawsuit, and that I served this
summons in ________________ county on the _____ day of
_____________________, _____ (date), by delivering a copy of
this summons, a copy of the petition and a copy of the answer
form4 in the following manner:
(check and complete only if service by sheriff or deputy)3
I certify that I served this summons in ___________________
county on the ____ day of _________________, (date), by
delivering a copy of the summons, a copy of the petition and
an answer form in the following manner:
(person serving summons must check one of following boxes and
fill in appropriate blanks)
[ ] by delivering a copy of this summons, a copy of the
petition and an answer form to the defendant
_____________________ (used when defendant receives
copy of summons or refuses to receive summons).
[ ] by delivering a copy of this summons, a copy of the
petition and an answer form to ___________________,
a person over fifteen (15) years of age and
residing at the usual place of abode of defendant
_________________, located at
_____________________________________ (address).
(used when defendant is not presently at the
abode.).
[ ] by posting a copy of the summons, petition and an
answer form in the most public part of the premises
of defendant _________________________ located at
____________________________________ (address).
(used if no person found at dwelling house or usual
place of abode.) (If service is by posting a copy
of the summons, petition and an answer form must
also be mailed to the person served. The person
serving by posting and the person serving by mail
must each sign a return. The person mailing must
check and complete the certificate of mailing at
the end of this summons.)
[ ] by delivering a copy of this summons, a copy of the
petition and an answer form to __________________,
an agent authorized to receive service of process
for defendant.
[ ] by delivering a copy of this summons, a copy of the
complaint and an answer form to _______________,
(parent) (guardian) (custodian) of defendant (used
when defendant is a minor or an incompetent
person).
[ ] by delivering a copy of this summons, a copy of the
petition and an answer form to __________________
(name of person), ___________________, (title of
person authorized to receive service) (used when
defendant is a corporation or an association
subject to a suit under a common name, a land grant
board of trustees, the State of New Mexico or any
political subdivision).
[ ] by service by mail.
Fees: _____________________
____________________________________
Signature of person making service
____________________________________
Title (if any)
Subscribed and sworn to
before me this _____
day of ______________, _____
______________________________
Judge, notary or other officer
authorized to administer oaths3
______________________________
Official title
(To be completed if service is made by posting)5
I, being sworn, state that I am over the age of eighteen (18)
years and not a party to this lawsuit, and that I served a
copy of this summons on the ____ day of _______________,
_____, by mailing first class mail, postage prepaid, a copy of
this summons, a copy of the complaint, and an answer form to:
__________________________ (name of person served)
__________________________ (address where mailed)
__________________________ (county)
__________________________ (city, state and zip code)
____________________________________
Signature of person making service
____________________________________
Title (if any)
____________________________________
Place of mailing
____________________________________
Date
Subscribed and sworn to
before me this _____
day of ______________, _______
______________________________
Judge, notary or other officer
authorized to administer oaths3
______________________________
Official title
(To be completed if service is made by mail.)6
I, being sworn, state that I am over the age of eighteen (18)
years and not a party to this lawsuit, and that I served a
copy of this summons on the ____ day of _______________,
_____, by mailing first class mail, postage prepaid, a copy of
this summons, a copy of the complaint, an answer form and two
copies of the notice and acknowledgement and a return
envelope, postage prepaid, addressed to:
__________________________ (name of person served)
__________________________ (address where mailed)
__________________________ (county)
__________________________ (city, state and zip code)
____________________________________
Signature of person making service
____________________________________
Title (if any)
____________________________________
Place of mailing
____________________________________
Date
Subscribed and sworn to before me
this _____ day of _______________,
______.
______________________________
Judge, notary or other officer
authorized to administer oaths
______________________________
Official title3
1. The trial setting must be not less than
seven (7) nor more than ten (10) days
after service of this summons. See
Section 47-8-43 NMSA 1978.
2. A separate summons must be used for each
defendant.
3. If service is made by the sheriff or a
deputy sheriff of a New Mexico county,
the signature of the sheriff or deputy
need not be notarized.
4. An answer form must be attached to the
summons at the time of service. See Rule
4-925 NMRA for answer to petition for
termination of tenancy.
5. For use when service is by posting. See
Section 47-10-4 NMSA 1978 for service by
posting under the Mobile Home Park Act.
This form requires service by mail in
addition to posting.
6. If service is by mail, Civil Form 4-208
must be completed and mailed with this
summons.
[Adopted effective September 2, 1997.]