New Mexico Statutes 35-12-18. Garnishment; form of writ
Writs of garnishment in civil actions in the magistrate court shall state whether the writ is issued in advance of or in aid of execution of judgment and shall be in substantially the following form:
Terms Used In New Mexico Statutes 35-12-18
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Oath: A promise to tell the truth.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
“STATE OF NEW MEXICO MAGISTRATE DISTRICT, DIVISION (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ) (Name), Defendant ) ) (Name), Garnishee ) WRIT OF GARNISHMENT THE STATE OF NEW MEXICO to the above-named garnishee: You are ordered to appear before the magistrate court located at within twenty days from the service of this writ upon you to answer under oath the following questions, as of the date of service and as of the date of your answer:
1. What, if anything, are you indebted to the defendant in this action and on what account? 2. What, if any, personal property of the defendant is in your possession or under your control? 3. What other persons, if any, within your knowledge are indebted to the defendant or have personal property of the defendant in their possession? Service of this writ upon you has the effect of attaching all nonexempt personal property, money, rights, credits, bonds, bills, notes, drafts and other choses in action of the defendant in your possession or under your control at the time of service and that may come into your possession or under your control or be owing by you between the time of service and the time of making your answer.
This writ was issued in (advance) (aid of execution) of judgment against the defendant. If this writ was issued in advance of judgment, it does not attach any wages or salary due from you to the defendant. If this writ was issued in aid of execution of judgment, it attaches wages or salary due from you to the defendant in excess of the greater of the following portions of the defendant’s disposable earnings:
A. seventy-five percent of the defendant’s disposable earnings for any pay period;
or
B. an amount each week equal to forty times the highest applicable minimum hourly wage rate at the place the wages were earned. A table giving equivalent exemptions for pay periods of other than one week may be obtained from the director of the financial institutions division of the regulation and licensing department. “Disposable earnings” means that part of the defendant’s wage or salary remaining after deducting the amounts that are required by law to be withheld. “Highest applicable minimum hourly wage rate” means the highest federal, state or local minimum hourly wage rate for an eight-hour day or a forty-hour week. It is immaterial whether you are exempt under federal, state or local law from paying the highest applicable minimum hourly wage rate.
FINANCIAL INSTITUTION WRITS If you are a financial institution, the defendant who is an individual or sole proprietor has an exemption totaling two thousand four hundred dollars ($2,400) in depository and investment accounts. This writ attaches only to money in excess of two thousand four hundred dollars ($2,400). You may rely on the representations of the person executing this writ as to whether the exemption amount has already been satisfied with other accounts held by other financial institutions. This provision shall not prevent the individual or sole proprietor from claiming that additional money in depository or investment accounts is exempt under any other available exemption provided by law.
Any wages you owe the employee in excess of two thousand four hundred dollars ($2,400) or that you may come to owe the employee in excess of that amount must be kept by you until further order of this court. This means that you shall not pay the non- exempt amounts to the plaintiff until further order from this court requiring payment.
It is unlawful to pay or deliver to the defendant any item attached by this writ. If you fail to appear and answer as directed, or if you unlawfully dispose of any item attached by this writ, judgment may be rendered against you for the full amount of the plaintiff’s claim against the defendant in this action.
Dated , 20 Magistrate”.