Fill and Sign the For Use with Magistrate Court Rule 2 801 Form

1 4-805A [For use with Magistrate Court Rule 2-801 and Metropolitan Court Rule 3-801] 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 totals $________________. Payments totaling $_____________ have been received. The unpaid balance now due is $____________ (insert this amount on Civil Form 4- 801 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 prior to 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 2 [ ] 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 3 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 ______________, _______ __________________________________ (seal) Notary or other officer authorized to administer oaths USE NOTE 1. If the judgment debtor is a natural person Civil Form 4-808A NMRA, Notice of Right to Claim Exemptions from Execution must have been served on the judgment debtor. 2. This alternative may be checked if the judgment debtor filed a waiver of the right to claim exemptions. See Civil Form 4-803, Claim of Exemptions, also contains the waiver form. [Approved, effective May 15, 2003.]