New Mexico Forms Library

4-801. Writ of execution.

[For use with Rules 2-801 and 3-801 NMRA]  

STATE OF NEW MEXICO 

IN THE ________________________ COURT

________________________________ COUNTY                  No. ______________

________________________________________, Plaintiff 

________________________________________, Plaintiff's Address 

v. 

________________________________________, Defendant 

________________________________________, Defendant's Address      

WRIT OF EXECUTION

THE STATE OF NEW MEXICO to the sheriff or a full-time salaried deputy sheriff of any New Mexico county: 

Judgment having been entered in this action, you are ordered to levy against personal property of __________________ at __________________ in your county, the sum of $__________________ (which is the judgment and costs to date) plus interest at the rate of ________ % per year from the ________ day of __________________, ________ (date of judgment), and your fees thereon, and return this writ to me within sixty (60) days. 

__________________, ________            _______________________________ 

                                                                        Judge or clerk

(This form may also be issued as a second or subsequent writ.)

RETURN

            I certify that I carried out this writ of execution, as follows: 

(check appropriate box or boxes and fill in blanks)  

[   ]      The writ was served on judgment debtor on __________________________________, ________ , and  

                  [   ] full payment was made  

                 [   ] partial payment was made in the amount of $____________ 

[   ]      No non-exempt personal property of judgment debtor was found on which levy could be made. 

Property seized:

[   ]      Personal property was taken into custody on __________________, ________. A written inventory is attached.  

[   ]      Judgment debtor provided bond to retain possession; a copy of the bond is attached.  

Date of return: ______________________________ 

                                                                                    SHERIFF OF ________________________

                                                                                    COUNTY, State of New Mexico

                                                                                    By ________________________________

                                                                                    Deputy or other authorized person

USE NOTES

            The sheriff is obligated by law to make timely return. 

            Only non-exempt property may be seized. The sheriff may not seize any personal clothing, furniture or books or any jewelry unless the total value of all jewelry exceeds $2,500. 

[As amended, effective July 1, 1992; January 1, 1995; January 1, 1996.]