Form 4-805. Application for writ of garnishment.

[For use with Rules 1-065.2, 2-802, and 3-802 NMRA] STATE OF NEW MEXICO COUNTY OF ________________ IN THE ____________________ COURT ________________________________, Plaintiff v. No. ______________ ________________________________, Defendant APPLICATION FOR WRIT OF GARNISHMENT The judgment creditor, __________________________, states: (1) The judgment creditor has a judgment dated ______________________ against the judgment debtor whose name is _______________________, and whose last known address is _______________________________. (2) The total amount of the judgment including the principal, interest, costs, and attorney fees awarded by the judgment was $ __________________. (3) From the date the judgment was filed through the date this Application was signed, additional interest at the rate of __________% totals $ _______________. Judgment creditor has incurred additional costs of $ ____________________ and additional attorney fees of $ ____________________. (4) Payments totaling $ ____________________ have been received. (5) The unpaid balance now due is $ ____________________ (Insert this amount on Form 4-806 NMRA as “Balance Due upon Application for Writ.”) plus interest from the date this Application is filed. (6) Estimated costs would equal $ ____________________ and the judgment creditor will seek $ ____________________ in attorney fees. (7) Judgment debtor, to my knowledge, does not have sufficient property within New Mexico subject to execution to satisfy the judgment. I understand that I have a duty to make a reasonable investigation into the truth of this statement and have done so as follows:1 (This allegation is not necessary before garnishment of funds for child support or alimony obligations.) ________________________________________________________________, ________________________________________________________________, ________________________________________________________________. (8) I have reason to believe, and do believe, that the garnishee, ___________________________________ (name of garnishee) ___________________________________ (address), holds or controls money or personal property which belongs to the judgment debtor or is indebted to the judgment debtor.2 (9) The money or property held by the garnishee is not exempt from garnishment. Therefore, the judgment creditor requests a Writ of Garnishment. ________________________________________________ Judgment creditor or attorney for judgment creditor ________________________________________________ Judgment creditor’s or attorney’s name printed ________________________________________________ Address of judgment creditor or attorney ________________________________________________ City, state, and zip code (print) ________________________________________________ Telephone number of judgment creditor or attorney ________________________________________________ Date of signing AFFIDAVIT (application must be sworn to unless signed by an attorney) Subscribed and sworn to before me this __________________ day of __________________, ________. _____________________________________ Notary or other officer authorized to administer oaths (seal)