Form 4-805 NMRA. — Application for writ of garnishment.

[For use with Rules 1-065.2, 2-802, and 3-802 NMRA]

STATE OF NEW MEXICO COUNTY OF ________________ IN THE ____________________ COURT ________________________________, Plaintiff

v. No. ______________

________________________________, Defendant

APPLICATION FOR WRIT OF GARNISHMENT

The judgment creditor, __________________________, states:

(1) The judgment creditor has a judgment dated ______________________ against the judgment debtor whose name is _______________________, and whose last known address is _______________________________. (2) The total amount of the judgment including the principal, interest, costs, and attorney fees awarded by the judgment was $ __________________. (3) From the date the judgment was filed through the date this Application was signed, additional interest at the rate of __________% totals $ _______________. Judgment creditor has incurred additional costs of $ ____________________ and additional attorney fees of $ ____________________. (4) Payments totaling $ ____________________ have been received. (5) The unpaid balance now due is $ ____________________ (Insert this amount on Form 4-806 NMRA as "Balance Due upon Application for Writ.") plus interest from the date this Application is filed. (6) Estimated costs would equal $ ____________________ and the judgment creditor will seek $ ____________________ in attorney fees. (7) Judgment debtor, to my knowledge, does not have sufficient property within New Mexico subject to execution to satisfy the judgment. I understand that I have a duty to make a reasonable investigation into the truth of this statement and have done so as follows:1 (This allegation is not necessary before garnishment of funds for child support or alimony obligations.) ________________________________________________________________, ________________________________________________________________, ________________________________________________________________.

(8) I have reason to believe, and do believe, that the garnishee, ___________________________________ (name of garnishee) ___________________________________ (address), holds or controls money or personal property which belongs to the judgment debtor or is indebted to the judgment debtor.2 (9) The money or property held by the garnishee is not exempt from garnishment.

Therefore, the judgment creditor requests a Writ of Garnishment.

________________________________________________ Judgment creditor or attorney for judgment creditor

________________________________________________ Judgment creditor's or attorney's name printed

________________________________________________ Address of judgment creditor or attorney

________________________________________________ City, state, and zip code (print)

________________________________________________ Telephone number of judgment creditor or attorney

________________________________________________ Date of signing

AFFIDAVIT

(application must be sworn to unless signed by an attorney)

Subscribed and sworn to before me this __________________ day of __________________, ________. _____________________________________ (seal) Notary or other officer authorized to administer oaths

USE NOTES

1. The judgment creditor shall list any steps taken to investigate whether the judgment debtor possesses property within New Mexico subject to execution to satisfy the judgment. A reasonable investigation may be made, for example, by conducting a credit check or by asking the judgment debtor to identify all of the judgment debtor's assets during a court hearing.

2. See Jemko, Inc. v. Liaghat, 1987-NMCA-069, ¶ 10, 106 N.M. 50, 738 P.2d 922 (providing that a judgment creditor, acting under a writ of garnishment, may only seize property belonging to the judgment debtor); Alcantar v. Sanchez, 2011-NMCA-073, 150 N.M. 146, 257 P.3d 966 (discussing garnishment procedures in the case of joint bank accounts).

3. Applications for writs of garnishment or execution are timely if filed "within seven years after the rendition or revival of the judgment" in the case. NMSA 1978, Section 39-1-20 (1971). But no writ of garnishment or execution may issue "after fourteen years from the date of the original judgment upon which it is founded." NMSA 1978, Section 37-1-2 (2021).

[As amended, effective June 15, 1986; January 1, 1987; July 1, 1992; January 1, 1996; as amended by Supreme Court Order No. 09-8300-024, effective September 4, 2009; as amended by Supreme Court Order No. 12-8300-030, effective for all cases filed or pending on or after January 7, 2013; as amended by Supreme Court Order No. S-1- RCR-2024-00107, effective for all cases pending or filed on or after December 31, 2024.]