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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, 4-812, New Mexico Statewide, Execution And Garnishment
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-812
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
4-812
-against:
2
3
[2-802, 3-802]
:
4
5
STATE OF NEW MEXICO
:
6
COUNTY OF ______________________
7
IN THE [MAGISTRATE] [METROPOLITAN] COURT
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
18
JUDGMENT ON WRIT OF GARNISHMENT, CLAIM OF
19
EXEMPTION AND ORDER TO PAY
GREETINGS:
20
21
This matter comingthat all business andcourt,being laid aside, you and each of you attend before
WE COMMAND YOU, before the excuses the court finds:
22 Honorable
,
the
at the
Court
23
[ ] 1.
At the time the writ of garnishment was served on the
located at
County of
24 room
$_________________ was unpaid
in
, ongarnishee, the amount of, at
the
day of
, 20
o'clock in the
noon, and at any recessed
25
and owing to the judgment creditor.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26
27
[ ] 2.
As a result of this garnishment proceeding, judgment
28
creditor has spent additional costs and fees of
29
$________________
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
the [ on 3.
31 party] whose behalf this subpoena was issued forjudgment penalty of $50 andto damages sustained as a
The total amount of a maximum and costs all date are
result of your failure to comply.
32
$_________________ plus interest of __________% per
33
year from ______________, _______.
34
Witness, Honorable
, one of the Justices of the
35
[ ] 4.
The garnishee is not an employer of the judgment
Court in
County,
day of
, 20
36
debtor and has certified that it has mailed copies of
37
the application for a writ of garnishment; the writ of
38
garnishment; a notice of right to claim exemptions; a
(Attorney copy of its name below)
39
claim of exemption form and a must sign above and type answer to
40
the judgment debtor(s) or their attorney of record, if
41
any.
42
Attorney(s) for
43
[ ] 5.
The judgment debtor:
44
45
[ ] has not filed a claim of exemption;
46
47
[ ] has filed a claim of Office and P.O. Addressthe judgment
exemption and
48
creditor has not disputed the claim of exemption
49
for the following property and such money or
50
property is therefore exempt:
51
Telephone No.:
52
___________________________________________; or
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-812
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
[ ] has filed a claim of exemption which has been
-against:
2
disputed and after hearing, the court finds that
3
the following property is exempt from garnishment
:
4
_________________________________________________
5
_________________________________________________
:
6
7
[ ] has not filed a claim of exemption; or
Defendant(s)
8
:
. . . . . [ . .] . . .6. . . . . The . garnishee: . . . . . . . . . . . . . . . . . .
. .
..
.... .............
9
10
11
[ ] is in default;
12
THE
13 PEOPLE OF THE STATE OF NEW YORK the judgment debtor in the amount
[ ] is indebted to
14
of $________________;
TO
15
16
[ ] is indebted to the judgment debtor for wages;
17
18
[ ] is not indebted to the judgment debtor;
19
GREETINGS:
20
[ ] holds property of the judgment debtor;
21
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
22 Honorable
[ ] does not hold atproperty ofCourt judgment debtor.
the
,
the
the
23
located at
County of
24 room ] 7. , onPursuant of to the, 20 Support o'clock in the
[
Enforcementnoon, and at the
Act, any recessed
in
the
day
, at
25
garnishee:
or
26 adjourned date, to testify and give evidence as a witness in this action on the part of the
27
[ ] is withholding $_______________ of the judgment
28
debtor's income pursuant to a notice to withhold
29
income; or
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
the
31 party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
[ ] is not withholding any income of the judgment
result of your failure to comply.
32
debtor pursuant to such a Notice.
33
34
[ ] 8. Honorable
Witness, Pursuant to Section 35-12-16 NMSA , 1978, the judgment
one of the Justices of the
35
creditor:day of
Court in
County,
, 20
36
37
[ ] is entitled to additional fees and costs of
38
$______________________; or
(Attorney must sign above and type name below)
39
40
[ ] is not entitled to additional fees and costs.
41
42
THE COURT ORDERS:
Attorney(s) for
43
44
[ ] 1.
Default judgment against garnishee
45
46
The judgment creditor recover from the garnishee the
47
sum of $______________, Office and P.O. Address percent per
plus ________
48
annum interest from the date the application was
49
executed, the garnishee having failed to answer the
50
writ;
2
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-812
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
or
-against:
2
3
[ ] 2.
Payment of money other than wages
:
4
5
The judgment creditor recover from the garnishee the
:
6
sum of $__________, which includes ________% per annum
7
interest thereon from the date the application was
Defendant(s)
8
executed to the date the answer was filed, such sum
:
. . . . . . . . . . . . . . . . . . being. .held . by . garnishee . other than as wages;
...... ..... ... ............ .....
9
10
11
or
12
THE [ ] 3.
13 PEOPLE OF THE STATE OF NEW YORK
Wage withholding other than child or spousal support
14
TO
15
The judgment being other than for child or spousal
16
support, the judgment creditor recover from the
17
garnishee the sum of $__________, plus interest at the
18
original judgment rate, until paid in full, to be
19
deducted from the judgment debtor's wages.
GREETINGS:
20
21
The garnishee shall excuses being laid aside, debtor only
WE COMMAND YOU, that all business andpay the judgment you and each of you attend before
22 Honorable
,
the
at the
Court
23
(a) 75% of his disposable earnings (salary less
located at
County of
24 room
social security, federal the
state any recessed
in
, on the
day of
, 20
, at
o'clock in and noon, and at tax
25 adjourned date, to testify and give evidence as a witness in this actionany part of the deduction
withholdings, and
other
or
on the
26
required by law) for any pay period;
27
28
OR
29
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
(b) an amount each week equal to forty times the
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
31
federal minimum hourly wage rate;
result of your failure to comply.
32
33
whichever is greater.
34
Witness, Honorable
, one of the Justices of the
35
The balanceof of the, 20
judgment debtor's disposable
Court in
County,
day
36
earnings shall be paid over to the judgment creditor
37
each payday until the judgment herein is satisfied,
38
after this balance is first used to pay any prior
39
garnishment. If the wages(Attorney must sign above and type name below)
of the judgment debtor are
40
not subject to garnishment because of the application
41
of the formula set forth above, this order shall
42
continue and shall automatically take effect when the
Attorney(s) for
43
wages of the judgment debtor shall increase to an
44
amount which creates disposable earnings based upon
45
the formula set forth above.
46
47
If the moneys being withheld pursuant to a notice to
Office and P.O. Address
48
withhold income under the Support Enforcement Act
49
exceed the otherwise garnishable amounts, this
50
garnishment shall continue in effect until the notice
3
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-812
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
to withhold income has been voided, modified,
-against2
suspended or terminated, at :
which time the full amount
3
allowed for garnishment shall be paid to the judgment
:
4
creditor.
5
:
6
If the wages being withheld pursuant to a notice to
7
withhold income under the Support Enforcement Act are
Defendant(s)
8
less than twenty-five percent (25%) of the judgment
:
. . . . . . . . . . . . . . . . . . debtor's. .disposable . earnings, the difference between
.......... ............. ..........
9
10
the amount withheld for child or spousal support and
11
the amount equal to twenty-five percent (25%) of the
12
judgment debtor's disposable earnings shall be paid to
THE
13 PEOPLE OF THE STATE OF NEW YORK
the judgment creditor, until the child or spousal
14
support notice to withhold income has been voided,
TO
15
modified, suspended or terminated, at which time the
16
full amount allowed for garnishment shall be paid to
17
the judgment creditor.
18
19
[ ] 4.
Money or property other than wages
GREETINGS:
20
21
[ ] The money or property held by you garnishee is
WE COMMAND YOU, that all business and excuses being laid aside, theand each of you attend before
22 Honorable
exempt from at the
garnishment and the writ of
,
the
Court
23
garnishment in this case is hereby released and
located at
County of
24 room
discharged; and theat garnishee in the longer and at any
in
, on the
day of
, 20
,
o'clock no
noon, has any recessed
25
obligation to withhold wages, money or property
or
26 adjourned date, to testify and give evidence as a witnessdebtor on on the part of of that writ.
from the judgment in this action account the
27
28
[ ] The garnishee, having no money or property of the
29
judgment debtor, is discharged and released from
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
30
the writ of garnishment.
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
[ ] The garnishee shall turn over to the judgment
33
creditor the property of the judgment debtor
34
Witness, Honorable shown on Exhibit A attached hereto. Justices of the
, one of the
35
Court in
County,
day of
, 20
36
5.
Costs and fees
37
38
[ ] The judgment creditor is awarded, in addition to the
(Attorney must sign above as additional
39
above amounts, the sum of $_________ and type name below)
40
costs and fees pursuant to Section 35-12-16 NMSA 1978.
41
42
[ ] The garnishee shall be reimbursed $____________ for
43
its costs and $___________Attorney(s) forattorney's fee the
for its
44
same to be paid by the _____________. If paid by the
45
judgment debtor said sum shall be paid from the first
46
moneys otherwise payable to the judgment creditor but
47
shall not reduce the amount the judgment creditor is
Office and P.O. Address
48
to be paid, as ordered above.
49
50
4
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
CIVIL FORM 4-812
Index No.
:
Plaintiff(s)
Supreme Court Approved
Calendar 2,
OctoberNo. 2001
:
JUDICIAL SUBPOENA
1
7.
Payments
-against:
2
3
Payments under this order shall be sent to:
:
4
5
________________________________
:
6
(name of judgment creditor)
7
Defendant(s)
8
________________________________ :
. . . . . . . . . . . .(address . of . judgment. .creditor). . . .
.......... ... .......... ...........
9
10
11
________________________________
12
(city, state and zip code)
THE
13 PEOPLE OF THE STATE OF NEW YORK
14
______________, _______
______________________________
TO
15
Judge
16
17
[As amended, effective July 1, 1992; January 1, 1996; December
18
3, 2001.]
19
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
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
5
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
