NM LF 5003-6(4-805) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: Case No. Debtor(s). Plaintiff(s), v. Adv. Pro. No. Defendant(s). 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 NM LF 5003-6 as 223Balance Due upon Application for Writ.224) plus interest from the date this Application is filed. (6) Estimated costs would equal $and the judgment creditor will seek $in attorney fees. American LegalNet, Inc. www.FormsWorkFlow.com -2- (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 prior to garnishment of funds for child support or alimony obligations.) , , . (8) I have reason to believe, and do believe, that the garnishee, (nameofgarnishee) (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 creditor222s or attorney222s 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 , 20 . Notary or other officer authorized to administer oaths (seal) American LegalNet, Inc. www.FormsWorkFlow.com -3- USE NOTE 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 debtor222s assets during a court hearing. 2. See Jemko v. Liaghat, 106 N.M. 50, 52, 738 P.2d 922, 925 (Ct. App. 1987) (providing that a judgment creditor, acting pursuant to 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). [The content of this NM LF 5003-6(4-805) matches Form 4-805 NMRA, last amended January 7, 2013.] American LegalNet, Inc. www.FormsWorkFlow.com