Rule text
[For use with District Court Civil Rule 1-065.1 NMRA; Magistrate Court Civil Rule 2-801 NMRA; and Metropolitan Court Civil Rule 3-801 NMRA]
STATE OF NEW MEXICO IN THE ________________________ COURT
______________________________ No. ____________ COUNTY
________________________________________, Plaintiff against ________________________________________, Defendant
WRIT OF EXECUTION IN FORCIBLE ENTRY OR DETAINER
THE STATE OF NEW MEXICO to the sheriff or a full-time salaried deputy sheriff of said county: Judgment having been entered for the plaintiff in this action, you are ordered to remove the defendant from the premises at ________________________ and to restore possession of the premises to plaintiff on ________________________ (date) at ________________________ (time) and to return this writ to the court.
__________________, ________ ________________________________________ Judge
RETURN
I certify that I carried out this writ of execution by removing the defendant from the premises and restoring possession of the premises to the plaintiff on the ____________ day of ______________, __________ (date).
SHERIFF OF ______________ COUNTY, State of New Mexico By _______________________ Deputy
(The sheriff is obligated by law to make timely return.) [As amended, effective July 1, 1992; May 15, 2003.]
Notes
ANNOTATIONS
The 2003 amendment, effective May 15, 2003, in the first paragraph, deleted "without unnecessary delay and to levy against personal property of the defendant in this county, the sum of $ ______ plus interest at the rate of ______% per year, and your fees thereon," following "restore possession of the premises to plaintiff" and substituted "the court" for "me within thirty (30) days" following "return this writ to"; in the second paragraph, deleted the language concerning service on judgment debtors and seizure of personal property.
The 1992 amendment, effective July 1, 1992 for use in the district, magistrate and metropolitan courts, in the Return, substituted "Property seized:" for "[ ] Levy and Sale:" near the middle and deleted from near the end, lines relating to date of sale, amount of interest, amount of accrued costs, amount received, and amount paid to judgment creditor.
Cross references.-- For statutory form of forcible entry or detainer, see Section 35-10- 6 NMSA 1978.