Judgment For Restitution Form. This is a New Mexico form and can be use in Landlord Tenant Statewide.
Tags: Judgment For Restitution, 4-909, New Mexico Statewide, Landlord Tenant
4-909. Judgment for restitution.[For use in Metropolitan and District Courts][Sections 47-8-33, 47-8-43, 47-8-46, 47-8-48 NMSA 1978]STATE OF NEW MEXICO COURT COUNTY, Plaintiff,v.No. , Defendant.JUDGMENT FOR RESTITUTION(Uniform Owner-Resident Relations Act)1This matter was set for trial on , (date). The plaintiffappeared (in person) (and) (by attorney ). The defendant (did not appear)(appeared) (in person) (and) (by attorney ). Having heard the evidence andargument presented, the court finds in favor of:[ ] the plaintiff.[ ] the defendant. IT IS THEREFORE ORDERED: 1.The premises at: , NewMexico be restored to (plaintiff) (defendant);2.The rental agreement (is) (is not) terminated;(check, if applicable, and complete)[ ]Plaintiff shall recover from defendant the following amounts:Rents $Damages $Attorney222s fees $Costs $TOTAL $2(check, if applicable, and complete) [ ]A writ of restitution be issued effective, (date).3(check, if applicable, and complete)[ ]The court further orders (other relief). American LegalNet, Inc. www.FormsWorkFlow.com (check, if applicable, and complete) [ ] A hearing on the issue of damages will be held by this court on, (date) at (a.m.) (p.m.).23.If this case is appealed, the (plaintiff) (defendant) shall .4 Dated: Judge4USE NOTE1.This form may also be used for a mobile home park with less than 12 units. SeeSubsection C of Section 47-10-2 NMSA 1978.2.Use Civil Form 4-701 if damages are determined at a separate hearing.3.Insert a date which is not less than three (3) nor more than seven (7) days from thedate of filing of the judgment.4.Section 47-8-47 provides for a stay of execution upon appeal. If the defendantappeals a writ of restitution, the court shall require an escrow to be paid into the court within five(5) days after the notice of appeal is filed to stay the execution. If a money judgment is appealedthe court may require a deposit with the court or a supersedeas bond be filed. See Section 47-8-47NMSA 1978 for appeals by the plaintiff.[Rule 4-909 SCRA 1986; as amended, effective September 2, 1997; January 1, 1999; as amendedby Supreme Court Order No. 16-8300-033, effective for all cases pending or filed on or afterDecember 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com