_________________________________, Plaintiff
v.
_________________________________, Defendant
To: ___________________________ (lienholder or other security
interest)
You are notified that:
1. A judgment has been entered against ___________________
(name of defendant) and a writ of restitution will be
issued effective ______________ (date) to remove the
mobile home from the premises located in ________________
County, New Mexico at:
_______________________ (name of mobile home park)
_______________________ (mobile home address)
_______________________ (mobile home lot or space)
________________________, New Mexico _________.
Without additional notice to you, the sheriff will serve
a writ of restitution on or after 8:00 a.m. on
__________________ (date) for the removal of the mobile
home on or before __________________ (date)1.
2. You have thirty (30) days from the date of receipt of
this notice to pay the rent and charges permitted by law
and to advise the landlord in writing whether you intend
to pay the rent and other charges under the terms of the
rental agreement.
3. If you want to remove the mobile home at your expense before the date set for removal, you may do so by paying the landlord all rent, utility and other removal costs provided by law. The amount of rent, utility charges and
other charges as of ________________ (date) is as
follows:
Rent: $_______________
Utilities: $_______________
Removal and storage charges $_______________
Other ____________ $_______________
(explain)
Total due: $_______________
Daily rent $________________
4. The tenant is required to pay rent on _______________
(day of month) and utilities on ______________ (day of
month).
5. A copy of the lease and the landlord's rules and
regulations are attached as Exhibits A and B.
6. This notice does not relieve you of complying with other
applicable provisions of law relating to the repossession
of the mobile home.
Date: __________________
________________________________
Judge
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 and a copy of the notice of judgment with
Exhibits A and B attached 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 and a copy of the notice of
judgment with Exhibits A and B attached 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 and a copy of
the notice of judgment with Exhibits A and B
attached to the defendant _____________________
(used when defendant receives copy of summons or
refuses to receive summons).
[ ] by delivering a copy of this summons and a copy of
the notice of judgment with Exhibits A and B
attached 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 and the notice of
judgment with Exhibits A and B attached in the most
public part of the premises of defendant
_______________________________________ located at
_________________________________ (address) (This
alternative is used if no person found at dwelling
house or usual place of abode). (If service is by
posting a copy of the summons, the notice of
judgment with Exhibits A and B attached 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 and a copy of
the notice of judgment with Exhibits A and B
attached to __________________, an agent authorized
to receive service of process for defendant.
[ ] by delivering a copy of this summons and a copy of
the notice of judgment with Exhibits A and B
attached to _______________, (parent) (guardian)
(custodian) of defendant (used when defendant is a
minor or an incompetent person).
[ ] by delivering a copy of this summons and a copy of the notice of judgment with Exhibits A and B attached 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 certified mail, return receipt
requested.
I certify that I caused a copy of this notice to be
served on the following persons or entities by (delivery)
(mail) (__________________) on this ____ day of
______________, _______.
(1) __________________________________________
(Name of party)
__________________________________________
(Address)
(2) __________________________________________
(Name of party)
__________________________________________
(Address)
______________________________________
Attorney for landlord
______________________________________
Signature
______________________________________
Date of signature
1. A writ of restitution directs the sheriff
to restore the premises to the plaintiff.
A copy of the writ need not be served on
the lienholder unless the lienholder
intervenes as a party.
2. If the lienholder is a party or has
entered an appearance in the proceedings,
service may be made in the manner
provided by the rules of civil procedure
for the service of papers on a party
subsequent to service of the original
pleading. See, however, Subsection J of
Section 47-10-9 NMSA 1978 for statutory
notice.
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. If service is
made on a party by an attorney the
signature of the attorney need not be
notarized.
[Adopted effective September 2, 1997; as amended effective
April 6, 1998.]