Rule text
[Sections 35-11-1 to 35-11-3 NMSA 1978]
STATE OF NEW MEXICO
IN THE ________________________ COURT No. ____________
______________________________ COUNTY ________________________________________, Plaintiff against ________________________________________, Defendant
PETITION FOR POST-JUDGMENT WRIT OF REPLEVIN
Comes now the Plaintiff, petitioner herein, and alleges:
1. Plaintiff has a judgment against the Defendant in this matter dated __________________, ________, with a present value including post-judgment costs and accrued interest totaling $ _____________, the terms of which include Plaintiff's right to recover following personal property ______________________________________________________________________ ______________________________________________________________________ _____________ (attach exhibit if necessary)
2. Plaintiff believes that the property may be found at ____________________________ which is within the jurisdiction of this court;
3. This court has jurisdiction to issue a writ of replevin returning to Plaintiff the property described;
4. The specific facts upon which a writ of replevin is requested are that Plaintiff holds a valid, unsatisfied judgment against Defendant, declaring that property formerly in the possession of Plaintiff has been wrongfully taken or retained by Defendant and Defendant refuses to return it to Plaintiff or pay the judgment amount;
WHEREFORE Plaintiff prays for an order of this court requiring the sheriff of __________________ county to take possession of the property and return it to the Plaintiff.
_________________________________________ Signed _________________________________________ Name (print) _________________________________________ Address (print) _________________________________________ City, State and Zip Code (print) _________________________________________ Telephone number Dated: ____________________________________
[Approved, effective January 1, 1993.]