Form 4-805A. Application for writ of execution.

[For use with Magistrate Court Rule 2-801 NMRA and Metropolitan Court Rule 3-801 NMRA] STATE OF NEW MEXICO COUNTY OF ______________________________ IN THE ________________________ COURT ________________________________________ Plaintiff v. No. ____________ ________________________________________ Defendant APPLICATION FOR WRIT OF EXECUTION ________________________________________, the judgment creditor, states: (1) The judgment creditor has a judgment dated ________________________ (date judgment filed) against the judgment debtor whose name is ________________________, and whose last known address is ________________________. The total of the principal, interest, costs, and attorney's fees awarded by the judgment was $ ______________. Since the judgment was entered, additional interest at the judgment rate of __________% and costs total $ ______________. Payments totaling $ ______________ have been received. The unpaid balance now due is $ ______________ (insert this amount on Form 4-801 NMRA as "Balance Due upon Application for Writ") plus interest from the date this Application is executed. The estimated costs would equal $ ______________; and the judgment creditor will seek $ ______________ in attorney fees. (2) (check one of the following) [ ] I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days before filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.1 [ ] The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.2 [ ] The judgment debtor is not a natural person. The judgment creditor requests the court to issue a Writ of Execution for non-exempt property for the judgment debt. _________________________________ Judgment creditor or attorney for judgment creditor _________________________________ Judgment creditor's name printed _________________________________ Address of judgment creditor _________________________________ Printed name of person signing for judgment creditor _________________________________ Telephone of judgment creditor __________________________________________________ Printed name of judgment creditor's attorney (if any) __________________________________________________ Mailing address of judgment creditor's attorney (number and street or P.O. box) __________________________________________________ City, State, zip code __________________________________________________ Telephone number of judgment creditor's attorney AFFIDAVIT (This application must be sworn to unless it is signed by an attorney.) I declare under penalty of perjury that the foregoing is true and correct. Subscribed and sworn to before me this __________ day of ______________, __________. _____________________________________ Notary or other officer authorized to administer oaths (seal)