New Mexico Forms Library
Decision Information
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 702 documents
Decision Content
4-810. Motion for default judgment against garnishee.
[For use with Rules 2-802 and 3-802 NMRA]
STATE OF NEW MEXICO
IN THE __________________ COURT No. ____________
________________________ COUNTY
______________________________, Plaintiff
v.
______________________________, Defendant
______________________________, Garnishee
MOTION FOR DEFAULT JUDGMENT AGAINST GARNISHEE
Judgment creditor moves the court to enter a default judgment against the garnishee.
The Writ of Garnishment was served on the garnishee on __________ (date) and the return of service of the writ on the garnishee has been filed with the court.
The garnishee has not filed an answer or other responsive pleading with the court nor has the judgment creditor been served with a responsive pleading.
The judgment creditor requests the court to set a hearing on this motion on not less than three (3) days notice to the garnishee.
________________________ ____________________________________
Date Attorney for plaintiff
If the plaintiff is not represented
by an attorney, this motion must be
sworn to or affirmed by the plaintiff.
I, ______________________________, upon my oath or affirmation do solemnly declare or affirm that this motion contains a complete, accurate statement of the facts to the best of my knowledge. I understand that if I make a material misstatement of fact, I may be prosecuted and punished for perjury.
____________________________________
Signature of plaintiff
____________________________________
Signature of Judge, Notary or Other
Officer Authorized to Administer Oaths
____________________________________
Official title
My commission expires:
________________________________________
(SEAL)
CERTIFICATE OF SERVICE
I hereby certify that on this ____________ day of ______________, ________, this motion was
[mailed by United States mail, postage prepaid, and addressed to:
Name: ______________________________
Address: ______________________________
City, State
and zip code: ______________________________]
[faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was ________ (a.m.) (p.m.) on ______________ (date).]
[e-mailed by ________________________________ (name of person who transmitted) to ________________________ at ________________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was ______________ (a.m.) (p.m.) on __________________ (date).]
____________________________________
Signature of attorney
If this notice was served by a person other than an attorney, the following must also be completed and filed with the court:
AFFIDAVIT OF SERVICE
I declare under penalty of perjury that a copy of this motion was served by [mail] [fax] [electronic transmission] as described above on this ________ day of ______________, ________.
____________________________________
Signature of person who made service
Subscribed and sworn to before me
this ________ day of ______________, ________.
______________________________
Judge, notary or other officer
authorized to administer oaths
______________________________
Official title
[Approved, effective August 1, 1999.]