Rule text
[For use with Rules 2-801 and 3-801 NMRA]
STATE OF NEW MEXICO IN THE ________________________ COURT ______________________________ COUNTY No. ______________________
________________________________________, Plaintiff ________________________________________, Plaintiff's Address v. ________________________________________, Defendant ________________________________________, Defendant's Address
WRIT OF EXECUTION THE STATE OF NEW MEXICO to the sheriff or a full-time salaried deputy sheriff of any New Mexico county:
Judgment having been entered in this action, you are ordered to levy against personal property of __________________ at __________________ in your county, the sum of $ __________________ (which is the judgment and costs to date) plus interest at the rate of ________ % per year from the ________ day of __________________, ________ (date of judgment), and your fees thereon, and return this writ to me within sixty (60) days.
__________________, ________ ________________________________________ Judge or clerk
(This form may also be issued as a second or subsequent writ.)
RETURN
I certify that I carried out this writ of execution, as follows: (check appropriate box or boxes and fill in blanks)
[] The writ was served on judgment debtor on _____________________________, ________, and
[] full payment was made [] partial payment was made in the amount of $ ____________
[] No non-exempt personal property of judgment debtor was found on which levy could be made.
Property seized:
[] Personal property was taken into custody on __________________, ________. A written inventory is attached.
[] Judgment debtor provided bond to retain possession; a copy of the bond is attached.
Date of return: ______________________________
SHERIFF OF _________________ COUNTY, State of New Mexico By _________________________ Deputy or other authorized person
USE NOTES The sheriff is obligated by law to make timely return.
Only non-exempt property may be seized. The sheriff may not seize any personal clothing, furniture or books, or any other exempt property claimed by the judgment debtor and either (1) not disputed by the judgment creditor, or (2) disputed by the judgment creditor and adjudicated to be valid by the court. The sheriff must make inquiry of all applicable exempt property.
[As amended, effective July 1, 1992; January 1, 1995; January 1, 1996; as amended by Supreme Court Order No. S-1-RCR-2025-00174, effective for all cases pending or filed on or after December 31, 2025.]
Notes
ANNOTATIONS
The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2025-00174, effective December 31, 2025, revised the Use Notes; in the Use Notes, after "books" deleted "any jewelry unless the total value of all jewelry exceeds $2,500" and added "or any other exempt property claimed by the judgment debtor and either (1) not disputed by the judgment creditor, or (2) disputed by the judgment creditor and adjudicated to be valid by the court. The sheriff must make inquiry of all applicable exempt property".
The 1996 amendment, effective January 1, 1996, substituted "a second or subsequent writ" for "an alias or pluries writ" in the parenthetical following the writ form, substituted "non-exempt personal property" for "personal property" in the second alternative in the Return, and added the last paragraph in the Use Note.
The 1995 amendment, effective January 1, 1995, added the lines for the addresses of the parties in the caption, and deleted "or clerk" following "judge" below the signature line of the writ of execution.
The 1992 amendment, effective July 1, 1992 for use in the magistrate and metropolitan courts, substituted "any New Mexico county" for "said county" and "your County" for "this County" and inserted "or Clerk" in the Writ of Execution and rewrote the Return.
Case law. -- The postjudgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing. Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991).
By creating exemptions from execution, New Mexico has granted judgment debtors a property interest in retaining their exempt property. While the state need not grant such exemptions, once given, the property rights they create are entitled to due process protection. Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991).