Form 4-804. Order on claim of exemption and order to pay in execution proceedings.

[For use with Rules 1-065.1, 2-801 and 3-801 NMRA] STATE OF NEW MEXICO IN THE __________________ COURT No. __________________ ______________________________ COUNTY ____________________________________________, Plaintiff against ____________________________________________, Defendant ORDER ON CLAIM OF EXEMPTION AND ORDER TO PAY IN EXECUTION PROCEEDINGS This matter coming before the court, THE COURT FINDS: [ ] 1. At the time the writ of execution was served on the judgment debtor, the amount of $__________________ was unpaid and owing to the judgment creditor. [ ] 2. As a result of this execution proceeding, judgment creditor has spent additional costs of $__________________. [ ] 3. The total amount of judgment and costs to date is $__________________ plus interest of ________ % per year from __________________, ________. [ ] 4. An affidavit of service or return of service of the writ of execution, a notice of right to claim exemption form, and a claim of exemption form were served on the judgment debtor(s) or their attorney of record, if any. [ ] 5. The judgment debtor: [ ] has not filed a claim of exemption; or [ ] has filed a claim of exemption and the judgment creditor has not disputed the claim of exemption for the following property and such property is therefore exempt: _________________________________________________________ _________________________________________________________ _________________________________________________________ ; and the following disputed property is not exempt and may be seized and sold by the sheriff _________________________________________________________ _________________________________________________________ _________________________________________________________ THE COURT ORDERS: [ ] 1. The judgment creditor is awarded, in addition to the amount of the judgment, the sum of $__________________ as additional costs. [ ] 2. The following property held by the sheriff is exempt from execution and the writ of execution in this case is hereby released and discharged as to that property: ________________________________________________________ ________________________________________________________ ________________________________________________________ [ ] 3. The sheriff may seize and sell the property of the judgment debtor except as set forth above. __________________, _______ ________________________________ Judge