Rule text
[For use with Rules 1-065.1, 2-801 and 3-801 NMRA]
STATE OF NEW MEXICO
IN THE __________________ COURT No. __________________
______________________________ COUNTY ____________________________________________, Plaintiff against ____________________________________________, Defendant
ORDER ON CLAIM OF EXEMPTION AND ORDER TO PAY IN EXECUTION PROCEEDINGS This matter coming before the court, THE COURT FINDS:
[] 1. At the time the writ of execution was served on the judgment debtor, the amount of $__________________ was unpaid and owing to the judgment creditor. [] 2. As a result of this execution proceeding, judgment creditor has spent additional costs of $__________________. [] 3. The total amount of judgment and costs to date is $__________________ plus interest of ________ % per year from __________________, ________. [] 4. An affidavit of service or return of service of the writ of execution, a notice of right to claim exemption form, and a claim of exemption form were served on the judgment debtor(s) or their attorney of record, if any. [] 5. The judgment debtor: [] has not filed a claim of exemption; or [] has filed a claim of exemption and the judgment creditor has not disputed the claim of exemption for the following property and such property is therefore exempt: _________________________________________________________ _________________________________________________________ _________________________________________________________ ; and the following disputed property is not exempt and may be seized and sold by the sheriff _________________________________________________________ _________________________________________________________ _________________________________________________________
THE COURT ORDERS:
[] 1.The judgment creditor is awarded, in addition to the amount of the judgment, the sum of $__________________ as additional costs. [] 2. The following property held by the sheriff is exempt from execution and the writ of execution in this case is hereby released and discharged as to that property: ________________________________________________________ ________________________________________________________ ________________________________________________________ [] 3. The sheriff may seize and sell the property of the judgment debtor except as set forth above. __________________, _______ ________________________________ Judge [As amended, effective July 1, 1992; January 1, 1996.]
Notes
ANNOTATIONS
The 1996 amendment, effective January 1, 1996, rewrote Paragraphs 4 and 5 of the findings, and rewrote Paragraphs 2 and 3 of the order.
The 1992 amendment, effective July 1, 1992 for use in the district, magistrate and metropolitan courts, rewrote this form.