Fill and Sign the Trial Petition Form

CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] 4-924 Sections 47-10-4 and 47-8-43 NMSA 1978] STATE OF NEW MEXICO IN THE _____________________ COURT No.______________ ____________________________ COUNTY ___________________________________, Plaintiff v. ____________________________________, Defendant SUMMONS AND NOTICE OF TRIAL ON PETITION FOR TERMINATION OF TENANCY (Mobile Home Park Act) To: ___________________________________________, defendant Address: _________________________________________________ ________________, New Mexico ________ You are notified that an action has been filed to terminate the rental agreement or lease of a mobile home space located in ________________________ County, New Mexico at: ____________________________________________________________ (name of mobile home park) ____________________________________________________________ (mobile home address) ____________________________________________________________ (mobile home lot or space) ______________________________, New Mexico ______________. You are ordered to appear for trial before the Honorable ________________________, Judge, Div.________, located at ________________________, New Mexico on the ________ day of ______________, ________, at the hour of ________.m. to show cause and present all evidence you may have why the tenancy should not be terminated.1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] Your failure to appear at the time and place specified above may result in the entry of judgment against you in accordance with the petition filed by the plaintiff in this action, a copy of which is attached. You may file a written answer and assert any claims you may have prior to the trial. FOR USE ONLY IN METROPOLITAN COURT CASES [IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, YOU MUST REQUEST IT BEFORE THE BEGINNING OF THE PROCEEDING. IF YOU DO NOT ASK FOR A TAPE RECORDING, YOU WILL NOT HAVE A RECORD OF THE PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR ANY APPEAL.] Dated: __________________ ___________________________________ Judge By: _______________________________ Clerk THIS IS YOUR NOTICE OF TRIAL and will be the only notice that you will receive. RETURN STATE OF NEW MEXICO ) ) ss COUNTY OF __________________ ) (complete if service is by a person other than the sheriff or deputy) I, being sworn state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in __________________ county on the ________ day of ______________, ________ (date), by delivering a copy of this summons, a copy of the petition and a copy of the answer form4 in the following manner: (check and complete only if service by sheriff or deputy)1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] I certify that I served this summons in ______________ county on the ________ day of ______________, (date), by delivering a copy of the summons, a copy of the petition and an answer form in the following manner: (person serving summons must check one of following boxes and fill in appropriate blanks) [ ] by delivering a copy of this summons, a copy of the petition and an answer form to the defendant __________________(used when defendant receives copy of summons or refuses to receive summons). [ ] by delivering a copy of this summons, a copy of the petition and an answer form to ________________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant ______________________, located at ______________________________ (address) (used when defendant is not presently at the abode). [ ] by posting a copy of the summons, petition and an answer form in the most public part of the premises of defendant ____________________________ located at __________________________________ (address). (used if no person found at dwelling house or usual place of abode.) (If service is by posting a copy of the summons, petition and an answer form must also be mailed to the person served. The person serving by posting and the person serving by mail must each sign a return. The person mailing must check and complete the certificate of mailing at the end of this summons.) [ ] by delivering a copy of this summons, a copy of the petition and an answer form to ________________________, an agent authorized to receive service of process for defendant. [ ] by delivering a copy of this summons, a copy of the complaint and an answer form to ____________________, (parent) (guardian) (custodian) of defendant (used when defendant is a minor or an incompetent person). [ ] by delivering a copy of this summons, a copy of the petition and an answer form to ________________________ (name of person), ________________________, (title of person authorized to receive service) (used when defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] [ ] by service by mail. Fees: ________________________ __________________________________ Signature of person making service __________________________________ Title (if any) Subscribed and sworn to before me this ________ day of ______________, ________ __________________________________ Judge, notary or other officer authorized to administer oaths __________________________________ Official title (To be completed if service is made by posting) I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served a copy of this summons on the ________ day of ______________, ________, by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, and an answer form to: ____________________________________________________________ (name of person served) ____________________________________________________________ (address where mailed) ____________________________________________________________ (county) ____________________________________________________________ (city, state and zip code) ___________________________________ Signature of person making service1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] ___________________________________ Title (if any) ___________________________________ Place of mailing ___________________________________ Date Subscribed and sworn to before me this ________ day of ______________, ________ ___________________________________ Judge, notary or other officer authorized to administer oaths ___________________________________ Official title (To be completed if service is made by mail.) I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served a copy of this summons on the ________ day of ______________, ________, by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, an answer form and two copies of the notice and acknowledgement and a return envelope, postage prepaid, addressed to: __________________________________________________________ (name of person served) __________________________________________________________ (address where mailed) __________________________________________________________ (county) __________________________________________________________ (city, state and zip code) __________________________________ Signature of person making service1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.] __________________________________ Title (if any) __________________________________ Place of mailing __________________________________ Date Subscribed and sworn to before me this ________ day of ______________, ________. _________________________________ Judge, notary or other officer administer oaths __________________________________ Official title USE NOTES 1. The trial setting must be not less than seven (7) nor more than ten (10) days after service of this summons. See Section 47-8-43 NMSA 1978. 2. A separate summons must be used for each defendant. 3. If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of the sheriff or deputy need not be notarized. 4. An answer form must be attached to the summons at the time of service. See Rule 4-925 NMRA for answer to petition for termination of tenancy. 5. For use when service is by posting. See Section 47-10-4 NMSA 1978 for service by posting under the Mobile Home Park Act. This form requires service by mail in addition to posting. 6. If service is by mail, Civil Form 4-208 must be completed and mailed with this summons.1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CIVIL FORM 4-924 [Adopted, effective September 2, 1997.]1 2 1