Form 4-704. Motion to set aside default judgment.

[For use with Magistrate Court Rule 2-702 NMRA and Metropolitan Court Rule 3-702 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT No. __________ _____________________________, Plaintiff v. _____________________________, Defendant MOTION TO SET ASIDE DEFAULT JUDGMENT The undersigned asks that the court set aside default judgment dated ______________________, _____, and states: This motion is filed within thirty (30) days from date of judgment; and No appeal has been taken from the judgment; and Undersigned has a defense to present; and My excuse for being in default is: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Plaintiff) (Defendant) Date: ______________________ CERTIFICATE OF SERVICE I hereby certify that on this ____ day of ______________, ______ this ______________ (insert paper served, such as "answer" or "notice") was [mailed by United States first class mail, postage prepaid, and addressed to: Name: ___________________________________________________________________ Address: ___________________________________________________________________ City, State ___________________________________________________________________ and zip code: __________________________________________________________________] [faxed by ________________________ (name of person who faxed document) to ______________________ (name of recipient) at _________________ (telephone number). The transmission was reported as complete. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).] [e-mailed to ______________________ (name of party or attorney) at _________________ (electronic mail address of recipient) upon agreement of the party to accept electronic service. The transmission was reported as complete. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).] [delivered to __________________________ (Specify how service by delivery was made. See Use Note 1 for the methods service may be made using this alternative.) ___________________________________________________________________:] ________________________________ Signature of person sending paper ________________________________ Date of signature