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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I have a judgement against a Las Cruces New Mexico merchant

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I have a judgement against a Las Cruces New Mexico merchant for $1,316.75. I had a process server serve her with a NOTICE OF RIGHT TO CLAIM EXEMPTIONS FROM EXECUTION. I did not here anything for two weeks, so I called the court. They told me that I had to apply for a writ of execution and it had to be ok'd by the judge first, before I served the judgement debtor with the NOTICE OF RIGHT TO CLAIM EXEMPTIONS. However, on the application for a writ of execution, it says I was to have served the judgement debtor with the NOTICE OF RIGHT TO CLAIM EXEMPTIONS FIRST. I CONTINUE TO GET CONFLICTING STORIES, and the Dona Ana Magistrate Court is useless as they will not tell me what form I need to submit. Please, I need help.

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Customer: replied 4 years ago.

Hi Tina. Do you need any further information?

Hello again, Richard.

I was able to locate the applicable section of the state code to answer your question.

You must typically obtain the writ of execution first, then serve it along with the Notice of Right to Claim Exemptions on the garnishee, unless the writ is for a garnishment of wages.

This can be found at Section 2-802 of the NM Code as set out in the following link:

http://www.nmcompcomm.us/nmrules/NMRules/2-802_10-29-2008.pdf

So the Writ should be obtained first and then served on the judgment debtor together with the Notice typically.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 4 years ago.

Are these two forms?


You must typically obtain the writ of execution first, then serve it along with the Notice of Right to Claim Exemptions.


 


Form 4-801 on this site:


https://nmsupremecourt.nmcourts.gov/legal-forms/pdfs/MagCV/4-801.pdf


 


is the writ of execution. Do I file that with the court first? And, then, the Judge has to ok the writ of execution, correct?


 


Or, do I use form: 4-805A?


https://nmsupremecourt.nmcourts.gov/legal-forms/pdfs/MagCV/4-805a.pdf


 


And then, once the Judge ok's the writ of execution, do I have that served to the judgement debtor along with this form?


 


4-808A


https://nmsupremecourt.nmcourts.gov/legal-forms/pdfs/MagCV/4-808a.pdf

Hello again, Richard.

You wil typically use the form 4-805(A), Application for Writ to request that the court grant the Writ (from 4-801). You can attach form 4-801 with your Application so the court can simply sign it.

Then you serve on the debtor the signed form 4-801 and 4-808A on the debtor typically.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 4 years ago.

Then you serve on the debtor the signed form 4-801 and 4-808A on the debtor typically.


 


Who signs form 4-801? The Judge? And what about form 4-808A? Who signs that, if I am not submitting form 4-808A with the request for writ of execution?

The judge signs 4-801. You can attach form 4-801 with your Application so the court can simply sign it.

The creditor signs 4-808A normally before they serve it on the debtor. No, 4-808A need not be filed with the court.
Customer: replied 4 years ago.

I was told by the process server that form 4-808A has to be sent to the court and to me, the judgement creditor. The process server also has to file with the court that he successfully served the judgement debtor. Is that correct?

Yes, the process server would typically provide you with a proof of service which you would typically file with the court, along with the documents you served on the debtor.
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