Fill and Sign the Section 35 12 18 Garnishment Form of Writ Justia Law

1 4-806. Writ of garnishment. [For use with Rules 1-065.2, 2-802 and 3-802 NMRA] STATE OF NEW MEXICO COUNTY OF __________________ [IN THE [MAGISTRATE] [METROPOLITAN] COURT] [_____________________________ JUDICIAL DISTRICT] ______________________________, Plaintiff, v. No. __________ ______________________________, Defendant. Balance Due Upon Application for Writ: $__________ Includes Interest at __________% Through ____________________, __________ ( date) WRIT OF GARNISHMENT THE STATE OF NEW MEXICO to __________________, garn ishee. __________________ is the judgment debtor in this c ase and owes the amount set out above to the j u d g m e n t c r e d i t o r , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , w h o s e a d d r e s s i s ______________________________. The above judgment creditor believes that you hold or control money or property that belongs to the judgment debtor. YOU ARE ORDERED to file a written answer with the _ _________________ court located at ______________________________ within twenty (20) d ays from the day you receive this writ. Your answer must be under oath and on the attached form (answer by garnishee ). YOU ARE FURTHER ORDERED, as follows: 1. If you owe the judgment debtor any money (other t han wages), or become indebted to the judgment debtor before filing your answer, you must keep a sufficient amount of that money to satisfy the judgment and all costs and attorney fees due as a result of service of this writ and not pay it to the judgment debtor, unless this court enters an order releasing this writ of garnishment. 2. If the judgment debtor is an employee of yours, u nless the debt is for child or spousal support, YOU SHALL PAY YOUR EMPLOYEE, THE JUDGMENT DEBTOR, whichever amount is greater, one of the following: 2 A. seventy-five percent (75%) of the debtor's dispo sable earnings (salary less social security, federal and state withholdings, and any o ther deduction required by law) for any pay period; OR B. an amount each week equal to forty (40) times the federal minimum hourly wage rate. If the debt is for child support or spousal support payments, you shall pay the judgment debtor fifty percent (50%) of the debtor's disposable earnings ( salary less social security, federal, and state withholding ). If employee's wages or salary are subject to more t han one garnishment or wage withholding proceeding, the writs shall be satisfied in the ord er they have been served on you. 1 In no event may you withhold from your employee's n et disposable earnings more than fifty percent (50%) of the employee's net disposable earnings if one of the writs is for child or spousal support or more than twenty-five percent (25%) if none of t he garnishments is for child or spousal support. 2 Any wages you owe the employee in excess of that am ount or that you may come to owe the employee in excess of that amount must be kept by y ou until further order of this court. (A table giving equivalent exemptions for pay periods of oth er than one (1) week may be obtained from the Financial Institutions Division of the Regulation a nd Licensing Department, 725 St. Michaels Drive, Santa Fe, New Mexico 87503 .) 3. If you have any property that belongs to the judg ment debtor, including any rights, credits, bonds, bills, notes, drafts, and other rights to pr operty or money that belongs to the judgment debtor, or if you acquire any such property, money, or rights to property or money before filing your answer, you must keep a sufficient amou nt of that property to satisfy the existing judgment and costs and not turn it over to the judg ment debtor unless the court enters an order releasing the property or money. 4. If you hold property or money belonging to the ju dgment debtor, within four (4) business days after service of this writ, you are to mail or deliver a copy of this writ and the application for writ provided by the judgment credi tor. If you hold property or money of the judgment debtor's other than wages and the debtor i s a natural person, you shall also mail or deliver to the judgment debtor, the attached notice of right to claim exemptions and a copy of the attached claim of exemption forms to each pe rson identified as a judgment debtor. You shall also send or deliver a copy of your answer to this writ to the judgment debtor and to the judgment creditor. 5. The court will be asked to enter an order awardin g $____________ for the judgment 3 creditor's costs relative to the service of the wri t of garnishment and $____________ for judgment creditor's attorney fees in connection wit h the writ of garnishment in addition to $____________, the "Balance Due Application for Wri t." THIS IS A COURT ORDER. If you fail to file the answer, or if you disobey any of these orders, a judgment may be entered against you for the full amount of the unpaid judgment in this case. ( Seal ) _____________________________________ Judge or clerk RETURN STATE OF NEW MEXICO ) ) ss. COUNTY OF __________________ ) RETURN FOR COMPLETION BY SHERIFF OR DEPUTY: I certify that I served this writ in said county on the ____________ day of ______________, __________, by delivering a copy of the writ, a cop y of the application for writ, a copy of a form for answer by garnishee, a copy of a notice of righ t to claim exemptions for each judgment debtor, and a copy of the claim of exemption form for each judgment debtor to __________________, garnishee. ( For garnishment of wages, serve only copies of the application for writ of garnishment, writ of garnishment, and answer form. For garnishment other than wages, if the judgment debtor is a natural person, serve the application for writ of g arnishment, the writ of garnishment, a copy of the notice of right to claim exemptions, a copy of the claim of exemption form, and a copy of the answer by garnishee. Judgment debtors who are not n atural persons are not entitled to garnishment exemptions. ) By ______________________________ Name ______________________________ Title Fees: S HE R IF F OF ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ COUNTY, State of New Mexico By __________________________________ Deputy RETURN FOR COMPLETION BY OTHER PERSON MAKING SERVIC E: I, being duly sworn, on oath, say that I am over th e age of eighteen (18) years and not a party to this 4 lawsuit, and that I served this writ in said county on the ____________ day of ______________, __________, by delivering a copy of the writ, a cop y of the application for writ, a copy of a form for answer by garnishee, a copy of a notice of righ t to claim exemptions for each judgment debtor, and a copy of the claim of exemption form for each judgment debtor to __________________ garnishee. By ______________________________ Name ______________________________ Title _____________________________________ Signature of private person making service Subscribed and sworn to before me this ____________ day of ______________, __________ _____________________________________ Judge, notary, or other officer authorized to administer oaths _____________________________________ Official title USE NOTE 1. Section 35-12-9 NMSA 1978 provides that if an e mployee's wages are subject to more than one garnishment proceeding, the writs sha ll be satisfied in the order in which they are served on the garnishee. 2. Section 35-12-7(C) NMSA 1978 provides that the maximum amount that may be taken from a person's disposable earnings is fifty percent (50%) of the employee's disposable earnings. [As amended, effective June 15, 1986; January 1, 19 87; July 1, 1992; January 1, 1996; December 3, 2001; as amended by Supreme Court Order No. 12-8 300-030, effective for all cases filed or pending on or after January 7, 2013.]