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Judgment On Writ Of Garnishment Claim Of Exemption And Order To Pay Form. This is a New Mexico form and can be use in Execution And Garnishment Statewide.
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Tags: Judgment On Writ Of Garnishment Claim Of Exemption And Order To Pay, 4-811, New Mexico Statewide, Execution And Garnishment
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
4-811
-against:
2
3
[1-065.2]
:
4
5
STATE OF NEW MEXICO
:
6
COUNTY OF _____________________________
7
_________________ JUDICIAL DISTRICT
Defendant(s)
8
:
. . . . . _____________________________, . Plaintiff (Judgment creditor)
....................................... .........
9
10
11
v.
No. _________
12
THE _____________________________, Defendant (Judgment debtor)
13 PEOPLE OF THE STATE OF NEW YORK
14
TO _____________________________, Garnishee
15
16
17
JUDGMENT ON WRIT OF GARNISHMENT, CLAIM OF
18
EXEMPTION AND ORDER TO PAY
19
GREETINGS:
20
This matter coming before the court, the court finds:
21
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
22 Honorable1.
At the time the writthe garnishment was served on the
,
the [ ]
at of
Court
23
garnishee, the amount of $___________ was unpaid and
located at
County of
24 room
in
, onowing to the judgment creditor.
the
day of
, 20
, at
o'clock in the
noon, and at any recessed
25
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26
[ ] 2.
As a result of this garnishment proceeding, judgment
27
creditor has spent additional costs and fees of
28
$_________________
29
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
[ ] 3.
The total amount of judgment and costs to date are
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
31
$_________plus interest of ____% per year from
result of your failure to comply.
32
________________, _______
33
34
[ ] 4. Honorablegarnishee is not an employer ofthethe judgment
Witness, The
, one of
Justices of the
35
debtor and of
has also, 20
certified that it has mailed
Court in
County,
day
36
copies of the application for a writ of garnishment;
37
the writ of garnishment; notice of right to claim
38
exemptions and a claim of exemption form and a copy of
39
its answer to the judgment (Attorney must sign abovetheirname below)
debtor(s) or and type attorney
40
of record, if any.
41
42
[ ] 5.
The judgment debtor:
Attorney(s) for
43
44
[ ] has not filed a claim of exemption;
45
46
[ ] has filed a claim of exemption and the judgment
47
creditor has not disputed and P.O. Addressof exemption
Office the claim
48
for the following property and such money or
49
property is therefore exempt:
50
___________________________________________;
51
or
Telephone No.:
52
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
[ ] has filed a claim of exemption which has been
-against2
disputed and after a :hearing, the court finds
3
that the following property is exempt from
:
4
garnishment:_____________________________________
5
_________________________________________________
:
6
_________________________________________________
7
8
[ ] 6.
The garnishee: Defendant(s)
:
......................................................
9
10
[ ] is in default;
11
12
[ ] is indebted to the judgment debtor in the amount
THE
13 PEOPLE OF THE STATE OF NEW YORK
of $___________;
14
TO
15
[ ] is indebted to the judgment debtor for wages;
16
17
[ ] is not indebted to the judgment debtor;
18
19
[ ] holds property of the judgment debtor;
GREETINGS:
20
21
[ ] does all business property of the judgment debtor.
WE COMMAND YOU, thatnot holdand excuses being laid aside, you and each of you attend before
22 Honorable
,
the
at the
Court
23
[ ] 7.
Pursuant to the Support Enforcement Act, the
located at
County of
24 room
in
, ongarnishee:
the
day of
, 20
, at
o'clock in the
noon, and at any recessed
25
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26
[ ] is withholding $__________ of the judgment
27
debtor's income pursuant to a Notice to Withhold
28
Income;
29
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
or
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
31
result of your failure to comply. not withholding any income of the judgment
32
[ ] is
33
debtor pursuant to such a Notice.
34
Witness, Honorable
, one of the Justices of the
35
[ ] 8.
Pursuant day of
to Section 35-12-16 NMSA 1978, the judgment
Court in
County,
, 20
36
creditor:
37
38
[ ] is entitled to additional fees and costs of
(Attorney must sign above and type name below)
39
$__________;
40
41
or
42
Attorney(s) for
43
[ ] is not entitled to additional fees and costs.
44
45
THE COURT ORDERS:
46
47
1.
Default judgment against garnishee and P.O. Address
Office
48
49
[ ] The judgment creditor recover from the garnishee the
50
sum of $__________, plus ____________ percent per
2
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
annum interest from the date the application was
-against:
2
executed, the garnishee having failed to answer the
3
writ;
:
4
5
or
:
6
7
2.
Payment of money other than wages
Defendant(s)
8
:
. . . . . . . . . . . .[ . ]. . . The . judgment. . creditor. .recover from the garnishee the
. .
.... .......... .......... .......
9
10
sum of $________, which includes _________ percent per
11
annum interest thereon from the date the application
12
was executed to the date the answer was filed, such
THE
13 PEOPLE OF THE STATE OF NEW YORK garnishee other than as wages;
sum being held by
14
TO
15
or
16
17
3.
Wage withholding other than child or spousal support
18
19
[
GREETINGS: ] The judgment being other than for child or spousal
20
support, the judgment creditor recover from the
21
garnishee all business of $___________, you and each of you at
WE COMMAND YOU, that the sum and excuses being laid aside, plus interestattend before
22 Honorable
the original judgment rate, until paid in full, to be
,
the
at the
Court
23
deducted from the judgment debtor's wages.
located at
County of
24 room
in
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
25 adjourned date, to testify and give evidence as a witness inthe action on the part of the only:
The garnishee shall pay this judgment debtor
or
26
27
(a) 75% of judgment debtor's disposable earnings
28
(salary less social security, federal and
29
state tax withholdings, and any other
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
deduction required by law) for any pay
the
31 party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
period;
result of your failure to comply.
32
33
OR
34
Witness, Honorable
, one of the Justices of the
35
(b) day ofamount each week equal to forty times the
an
Court in
County,
, 20
36
federal minimum hourly wage rate;
37
38
whichever is greater.
(Attorney must sign above and type name below)
39
40
The balance of the judgment debtor's disposable
41
earnings shall be paid over to the judgment creditor
42
each payday until the judgment herein is satisfied,
Attorney(s) for
43
after this balance is first used to pay any prior
44
garnishment. If the wages of the judgment debtor are
45
not subject to garnishment because of the application
46
of the formula set forth above, this order shall
47
continue and shall automatically P.O. Address
Office and take effect when the
48
wages of the judgment debtor shall increase to an
49
amount which creates disposable earnings based upon
50
the formula set forth above.
3
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
4.
Wage withholding for child or spousal support
-against:
2
3
[ ] No prior writ or order. The order or decree being for
:
4
child or spousal support, the judgment creditor shall
5
recover from the garnishee the sum of $________, plus
:
6
interest at the original judgment rate, until paid in
7
full, to be deducted from the judgment debtor's wages.
8
The garnishee Defendant(s)
shall pay the judgment debtor 50% of
:
......................................................
9
judgment debtor's disposable earnings (salary less
10
social security, federal and state tax withholdings,
11
and any other deduction required by law) for any pay
12
period. If there is no prior garnishment, the balance
THE
13 PEOPLE OF THE STATE OF NEW YORK debtor's disposable earnings each
of the judgment
14
payday shall be paid to satisfy this judgment.
TO
15
16
[ ] Prior writ or order.
If there is a prior garnishment
17
(one that was served on the garnishee prior to the
18
date and time the garnishment in this case was
GREETINGS:
19
served), up to fifty percent (50%) of the judgment
20
debtor's disposable earnings each pay period shall be
21
paid as follows:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
22 Honorable
,
the
at the
Court
23
first, the amount provided for in the judgment
located at
County of
24 room
entered on the 20
of garnishment shallany recessed
in
, on the
day of
, prior writ o'clock in the
, at
noon, and at be
25 adjourned date, to testify and give evidence as a witness in this action on the part ofIf a judgment
applied to the prior garnishment. the
or
26
has not yet been entered on the prior writ of
27
garnishment, the garnishee shall withhold the
28
amount ordered by the prior writ of garnishment
29
to be applied to the prior writ of garnishment
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
when the judgment is entered;
the
31 party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
32
next, until all prior writs have been fully
33
satisfied, the remainder of the balance of fifty
34
debtor's disposable
Witness, Honorable percent (50%) of the judgment , one of the Justices of the
35
earnings shall be20paid to this judgment creditor
Court in
County,
day of
,
36
to satisfy the child or spousal support order.
37
Upon satisfaction of all prior writs of
38
garnishment, the entire balance of the judgment
(Attorney must shall be applied
39
debtor's disposable earnings sign above and type name below) to
40
satisfy this child or spousal support order
41
judgment. If the wages of the judgment debtor
42
are not subject to garnishment because of the
Attorney(s) for
43
application of the formula set forth above, this
44
order shall continue and shall automatically take
45
effect when the wages of the judgment debtor
46
shall increase to an amount which creates
47
disposable earnings based uponAddress formula set
Office and P.O. the
48
forth above.
49
50
[ ] Prior child or spousal support writ. Upon motion of
4
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
the
judgment
debtor,
this
court
orders
the
-against2
distribution of the judgment: debtor's child or spousal
3
support obligations as follows: ______________________
:
4
______________________________________________________
5
:
6
If the moneys being withheld pursuant to a notice to
7
withhold income under the Support Enforcement Act
Defendant(s)
8
exceed
the
otherwise
garnishable
amounts
this
:
. . . . . . . . . . . . . . . . . . garnishment . .shall . continue. .in effect until the notice
.............. ...... .......... .
9
10
to withhold income has been voided, modified,
11
suspended or terminated, at which time the full amount
12
allowed for garnishment shall be paid to the judgment
THE
13 PEOPLE OF THE STATE OF NEW YORK
creditor.
14
TO
15
If the wages being withheld pursuant to a notice to
16
withhold income under the Support Enforcement Act are
17
less than twenty-five percent (25%) of the judgment
18
debtor's disposable earnings, the difference between
19
the amount withheld for child or spousal support and
GREETINGS:
20
the amount equal to twenty-five percent (25%) of the
21
judgment debtor's and excuses being laid aside, shall be you attend
WE COMMAND YOU, that all businessdisposable earningsyou and each ofpaid to before
22 Honorable
the judgment creditor, until Court child or spousal
the
,
the
at the
23
support located at to withhold income has been voided,
notice
County of
24 room
in
, onmodified, of
the
day suspended20or ,terminated, in the which time the
,
at
o'clock at
noon, and at any recessed
25
full amount allowed for garnishment shall be paid to
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26
the judgment creditor.
27
28
5.
Money or property other than wages
29
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
[ ] The money or property held by the garnishee is exempt
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
31
from garnishment and the writ of garnishment in this
result of your failure to comply.
32
case is hereby released and discharged; and the
33
garnishee no longer has any obligation to withhold
34
wages,
Witness, Honorable money or property from the , judgment debtor on
one of the Justices of the
35
account of that writ., 20
Court in
County,
day of
36
37
[ ] The garnishee, having no money or property of the
38
judgment debtor, is discharged and released from the
(Attorney must sign above and type name below)
39
writ of garnishment.
40
41
[ ] The garnishee shall turn over to the judgment creditor
42
the property of the judgment debtor shown on Exhibit
Attorney(s) for
43
A attached hereto.
44
45
6.
Costs and fees
46
47
[ ] The judgment creditor is awarded, in addition to the
Office and P.O. Address
48
above amounts, the sum of $_________ as additional
49
costs and fees pursuant to Section 35-12-16 NMSA 1978.
50
5
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-811
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
[ ] The garnishee shall be reimbursed $_________ for its
-against2
costs and $___________ for : its attorney's fee, the
3
same to be paid by the ________________. If paid by
:
4
the judgment debtor said sum shall be paid from the
5
first moneys otherwise payable to the judgment
:
6
creditor but shall not reduce the amount the judgment
7
creditor is to be paid, as ordered above.
Defendant(s)
8
:
. . . . . 7.. . . . .Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..
..........
9
10
11
Payments under this order shall be sent to:
12
THE
13 PEOPLE OF THE STATE OF NEW YORK
________________________________
14
(name of judgment creditor)
TO
15
16
________________________________
17
(address of judgment creditor)
18
19
________________________________
GREETINGS:
20
(city, state and zip code)
21
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
22 Honorable
____________________________
,
the ______________, _______
at the
Court
23
Judge
located at
County of
24 room
in
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
25
[As amended, effective June 15, 1986; January 1, 1987; July 1,
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26
1992; January 1, 1996; October 15, 1999; December 3, 2001.]
27
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
6
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
