Fill and Sign the Affidavit of Garnishment Casetext Form

4-810 [2-802, 3-802] STATE OF NEW MEXICO IN THE ___________________ COURT No. ___________________________________ COUNTY__________________________________, Plaintiffv.__________________________________, Defendant __________________________________, GarnisheeMOTION FOR DEFAULT JUDG MENT AGAINST GARNISHEE Judgment creditor moves the court to enter a default judgment against the garnishee. The Writ of Garnishment was served on the garnishee on __________________ (date) and the return of service of the writ on th e garnishee has been filed with the court. The garnishee has not filed an answer or other responsive pleading with the court nor has the judgment creditor been served with a responsive pleading. The judgment creditor requests the court to set a hearing on this motion on not less than three (3) days notice to the garnishee. Date: _______________________ ______________________ Attorney for plaintiff If the plaintiff is not represented by an attorney, this motion must besworn to or affirmed by the plaintiff. I, ______________________ , upon my oath or affi rmation do solemnly declare or affirm that this motion contains a complete, accu rate statement of the facts to the best of my knowledge. I understand that if I make a materi al misstatement of fact, I may be prosecuted and punished for perjury. 2 _______________________________________ Signature of plaintiff _______________________________________ Signature of Judge, Notary or Other Officer Authorized to Administer Oaths ________________________________________ Official title My commission expires: ________________________________ (SEAL) CERTIFICATE OF SERVICE I hereby certify that on this ____ day of ________, ___________ this motion was [mailed by United States mail, postage prepaid, and addressed to: Name: __________________________________ Address: __________________________________City, State and zip code: __________________________________] [faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney) . The transmission was reported as complete and without error. The time and date of the transmission was _____ (a.m) (p.m) on _______________ (date).] [e-mailed to ________________________ (name of person who transmitted) to ______________________ at _________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (p.m) (a.m) on_____________________ (date).] ________________________________Signature of attorney If this notice was served by a person other than an attorney, the following must also be completed and filed with the court: 3 AFFIDAVIT OF SERVICE I declare under penalty of perjury that a c opy of this notice of appeal was served by [mail] [fax] [electronic transmission] as described above on this ____ day of __________________, ________: __________________________________________ Signature of person who made service Subscribed and sworn to before me this ___ day of _____________, _____. ______________________________ Judge, notary or other officer authorized to administer oaths ______________________________ Official title [Approved, effective August 1, 1999.]