Judgment on writ of garnishment, claim of exemption and order to pay.

Similar documents
GARNISHMENT PROCEDURES FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY EARNINGS GARNISHMENT

MAGISTRATE COURT OF HALL COUNTY, GEORGIA

INSTRUCTIONS FOR FILING A GARNISHMENT OF PERSONAL EARNINGS OF JUDGMENT DEBTOR (Ohio Rev. Code Chapter 2716 et seq.) (REVISED 2/3/2015)

GARNISHMENT PROCEDURES FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY EARNINGS GARNISHMENT

INSTRUCTIONS FOR FILING A GARNISHMENT OF PERSONAL EARNINGS OF JUDGMENT DEBTOR

FILING A GARNISHMENT (EARNINGS)

The Attachment of Debts Act

Form DC-451 GARNISHMENT SUMMONS Page: 1

INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT

FIFTEEN (15) DAY NOTICE

AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF GARNISHEE (PERSONAL EARNINGS) LOGAN, OHIO 105 West Hunter Street NOTARY PUBLIC

COLLECTING ON A JUDGMENT STEP-BY-STEP GUIDE. Leonard Elias, Esq. Consumer Advocate Miami-Dade Consumer Services Department

IN THE SUPERIOR COURT OF FLOYD COUNTY STATE OF GEORGIA

In The District Court of County, Kansas

4. Prepare Wage Deduction Summons (see Wage Deduction Summons form and Service Page, which must accompany the Wage Deduction Summons).

GARNISHMENT PROCEDURES FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY NON-EARNINGS GARNISHMENT

Legal Opinion Regarding Florida's Garnishment Law In Relation To The City Of Coral Gables' Duties And Obligations

First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP HOUSE SPONSORSHIP

IN THE COURT OF APPEALS OF MARYLAND. This Court s Standing Committee on Rules of Practice and

NOTICE TO THE BAR. Wage Executions and the July 24, 2007 Increase in the Federal Minimum Wage; Amendments to Rules Appendices XI-I, XI-J, and XII-E

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

CHAPTER 77 GARNISHMENT

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

MAGISTRATE COURT OF HALL COUNTY, GEORGIA

WAGE DEDUCTION Instructions for Creditors Read 735 ILCS 5/ et seq Illinois State Statues

IN THE TENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CHURCHILL

AFFIDAVIT. Other (e.g., prejudgment interest, attorney's fees, costs [exclusive of the costs of this action]). Affiant

OBTAIN A WRIT OF GARNISHMENT (Non-Earnings)

The Attachment of Debts Act

THE SCAO GARNISHMENT FORM MC-13 (REQUEST AND WRIT FOR GARNISHMENT) AND SCAO GARNISHMENT FORM MC-14 (GARNISHEE DISCLOSURE) Issue

Circuit Court of the Ninth Judicial District, County of Teton, State of Wyoming

EXHIBIT A TITLE 23. FOREIGN JUDGMENTS, WAGE EXECUTIONS & SUBPOENAS CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS

) Plaintiff ) ) Vs. ) Case No. ) ) Defendant ) ) ) Garnishee ) AFFIDAVIT FOR GARNISHMENT NON-WAGE

IN THE MAGISTRATE COURT OF LOWNDES COUNTY VALDOSTA, GEORGIA PROCEDURES FOR FILING GARNISHMENTS {For all garnishment filings on or after May 12, 2016}

Wage Garnishment by State (As of May 2011)

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER WAGE GARNISHMENT. Self Help Center Loca ons:

Garnishments Samples

MAGISTRATE COURT OF FULTON COUNTY, GEORGIA 185 Central Avenue, SW, Suite TG-100, Atlanta, GA 30303

COLLECTION OF JUDGMENT FOR MONEY (GARNISHING WAGES OR ATTACHING BANK ACCOUNTS) CV-2

AFFIDAVIT OF CREDITOR

COURTS OF LAW AMENDMENT BILL

IN THE MAGISTRATE COURT OF LOWNDES COUNTY VALDOSTA, GEORGIA PROCEDURES FOR FILING GARNISHMENTS {For all garnishment filings on or after May 12, 2016}

Uniform Wage Garnishment Act

DISTRICT COURT CITY & COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, Colorado Plaintiff Appellee: SECURITY CAPITAL FUNDING CORP.

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

vs. ) (Continuing Wage Garnishment)

Affidavit & Summons of Continuing Garnishment (Ga. Code Title 18, Amended 1981) Affidavit for Continuing Garnishment

TENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE AN ACT BE IT ENACTED BY THE TENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:

BRIDGING THE GAP. Chapter 4. March 13, :45-1:45pm Pre- and Post- Judgment Collection Seth Chastain, Levy - von Beck & Associates

Legislative history: 4 T.O.C. Chapter 3 - Garnishment Law, was enacted by Resolution No effective October 1, 2017.

COURTS OF LAW AMENDMENT BILL

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. v. NO. 29,040. APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY James A. Hall, District Judge

RULE 60 ENFORCEMENT OF ORDERS

Part 36 Extraordinary Remedies

INSTRUCTIONS FOR FILING A GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS OF JUDGMENT DEBTOR

MARCH 21, Referred to Committee on Judiciary. SUMMARY Revises provisions relating to property exempt from execution.

For Preview Only - Please Do Not Copy

MIDVALE JUSTICE COURT 7505 S HOLDEN STREET, MIDVALE, UT Phone: / Fax: /

Title 3 Tribal Courts Chapter 6 Enforcement of Judgments

MARICOPA COUNTY JUSTICE COURT COLLECT A MONEY JUDGMENT

In The District Court of County, Kansas

1.0 Law & Legal CLE Credit A/V Approval # Recording Date January 5, 2018 Recording Availability February 9, 2018

MAGISTRATE COURT OF FULTON COUNTY, GEORGIA 185 Central Avenue, SW, Suite TG-100, Atlanta, GA Case No.

I am the Plaintiff/Petitioner Defendant/Respondent. I am the attorney for the Plaintiff/Petitioner Defendant/Respondent

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

WAGE DEDUCTION INSTRUCTIONS FOR CREDITORS

AGREEMENT FOR PHYSICIAN SERVICES RECITALS. B. The District owns and operates Hospital in, Washington (the "Hospital");

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO

THE SOCIAL AID ACT I assent, ARRANGEMENT OF SECTIONS

Second Regular Session. Sixty-second General Assembly LLS NO Debbie Haskins HOUSE BILL STATE OF COLORADO.

For Preview Only - Please Do Not Copy

EXECUTION FORMS COLLECTION OF THE JUDGMENT

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-SIMONTON CONSENT CASE

Reproduced by Data Dynamics in terms of Government Printers' Copyright Authority No dated 24 September 1993

Garnishment - State vs. Federal Procedures

SEPARATION AGREEMENT

Post-Judgment Civil Procedure

EVICTION PACKETS AVAILABLE ON LINE AT

Collection Litigation in Idaho

Wage Garnishment in New Mexico - Existing Debtor Protections under Federal and State Law and Further Proposals

DOCKET NO.: HEARING DATE : SIR: at nine o clock in the forenoon or as

NEVADA COLLECTION STATUTES

P H I L L I P S DAYES

- Page 1 of 23 pages F:\WORK\HPL\MISC\Post Judgment procedure 2005.doc. 1 2

FILED: NEW YORK COUNTY CLERK 04/23/ :11 PM INDEX NO /2013 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 04/23/2018

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

How to Claim Personal Property Exemptions

A. If at any time after the initial Wage Deduction Order or Pay Direct Order has been entered the

SETTLEMENT AGREEMENT AND RELEASE. This settlement agreement was executed by and between Plaintiffs Amelia Thompson

PROMISSORY NOTE. limited liability company ( Maker ), promises to pay to [DEFAULTING MEMBER

VA Form (Home Loan) Revised October 1983, Use Optional. Section 1810, Title 38, U.S.C. Acceptable to Federal National Mortgage Association

- 1 - Questions? Call:

Florida Senate SB 2232 By Senator Wise

Collecting a Money Judgment

EVICTION PACKETS AVAILABLE ON LINE AT

TRANSMITTAL MEMORANDUM DEPARTMENT OF REVENUE RULES. This transmittal memorandum contains changes to Department of Revenue Rules.

COURT ORDER ENFORCEMENT ACT

Second Correction August 19, As Corrected August 13, Released for Publication July 8, Certiorari Denied, No. 25,201, July 1, 1998.

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : JUDGMENT ENTRY OF DEFENDANT : LEGAL SEPARATION

Transcription:

4-812. Judgment on writ of garnishment, claim of exemption and order to pay. [For use with Rules 2-802 and 3-802 NMRA] STATE OF NEW MEXICO COUNTY OF IN THE [MAGISTRATE] [METROPOLITAN] COURT, Plaintiff (Judgment Creditor), v. No., Defendant (Judgment Debtor)., Garnishee. JUDGMENT ON WRIT OF GARNISHMENT, CLAIM OF EXEMPTION, AND ORDER TO PAY This matter coming before the court, the court finds: [[ ] 1. At the time the writ of garnishment was served on the garnishee, the amount of $ was unpaid and owing to the judgment creditor. [ ] 2. As a result of this garnishment proceeding, judgment creditor has spent additional costs and fees of $. [ ] 3. The total amount of judgment and costs to date are $ plus interest of % per year from,. [ ] 4. The garnishee is not an employer of the judgment debtor and has certified that it has mailed copies of the application for a writ of garnishment; the writ of garnishment; a notice of right to claim exemptions; a claim of exemption form and a copy of its answer to the judgment debtor(s) or their attorney of record, if any.] 1. The judgment creditor,, has a judgment dated against the judgment debtor,. 2. The total amount of the judgment including the principal, interest, costs, and attorney fees awarded by the judgment was $. 3. From the date the judgment was filed through the date this Application was signed, additional interest at the rate of % totals $. Judgment creditor has incurred additional costs of $ and additional attorney fees of $. Payments totaling $ have been received. 4. The unpaid balance now due is $ plus interest from the date this Application is filed. Interest at % shall continue to accrue on any

outstanding balance until the judgment is fully paid. [[ ]] 5. The judgment debtor: [ ] has not filed a claim of exemption; [[ ] has filed a claim of exemption, and the judgment creditor has not disputed the claim of exemption for the following property and such money or property is therefore exempt: ; or] [ ] has filed a claim of exemption, which was not disputed. Therefore, the property or money shown on the claim of exemption is exempt; [ ] has filed a claim of exemption that has been disputed and after hearing, the court finds that the following property is not exempt from garnishment: ; [[ ] has not filed a claim of exemption; or] [[ ]] 6. The garnishee: [ ] is in default; [ ] is indebted to the judgment debtor [in the amount of $ ;] for wages; [ ] is indebted to the judgment debtor [for wages] in the amount of $ ; [ ] is not indebted to the judgment debtor; [ ] holds property of the judgment debtor; [ ] does not hold property of the judgment debtor. 7. The garnishee: [ ] is garnishing wages, and has certified that it has mailed copies of the application for a writ of garnishment; the writ of garnishment; and a copy of its answer to the judgment debtor(s) or their attorney of record, if any. [ ] is garnishing property or money other than wages, and has certified that it has mailed copies of the application for a writ of garnishment; the writ of garnishment; a notice of right to claim exemptions; a claim of exemption form; and a copy of its answer to the judgment debtor(s) or their attorney of record, if any. [[ ]] [7]8. Pursuant to the Support Enforcement Act, the garnishee: [ ] is withholding $ of the judgment debtor's income pursuant to a notice to withhold income[; or [ ] is not withholding any income of the judgment debtor pursuant to such a Notice. [ ] 8. Pursuant to Section 35-12-16 NMSA 1978, the judgment creditor: [ ] is entitled to additional fees and costs of $ ; or [ ] is not entitled to additional fees and costs]. THE COURT ORDERS:

[ ] 1. Default judgment against garnishee [The judgment creditor recover from the garnishee the sum of $, plus percent per annum interest from the date the application was executed, the garnishee having failed to answer the writ; or] The garnishee having failed to answer the writ, the judgment creditor shall recover from the garnishee the sum of $ plus interest at % per year from the date this judgment is filed. [ ] 2. Payment of money other than wages [The judgment creditor recover from the garnishee the sum of $, which includes % per annum interest thereon from the date the application was executed to the date the answer was filed, such sum being held by garnishee other than as wages; or] The judgment creditor shall recover from the garnishee the sum of $ plus interest at % per year from the date this judgment is filed, such sum being held by garnishee other than as wages. [ ] 3. Wage withholding other than child or spousal support The judgment being other than for child or spousal support, the judgment creditor shall recover from the garnishee the sum of $, plus interest at [the original judgment rate,] % per year from the date this judgment is filed, until paid in full, to be deducted from the judgment debtor's wages. The garnishee [shall pay the judgment debtor only] SHALL PAY THE JUDGMENT DEBTOR, whichever amount is greater, one of the following: (a) [OR] (b) seventy-five percent (75%) of the judgment debtor's disposable earnings (salary less social security, federal and state tax withholdings, and any other deduction required by law) for any pay period; OR an amount each week equal to forty (40) times the federal minimum hourly wage rate[;]. [whichever is greater.] The remaining balance of the judgment debtor's disposable earnings shall be paid over to the judgment creditor each payday until the judgment herein is [satisfied,] paid in full [after this balance is first used to pay any prior garnishment]. If the wages of the judgment debtor are [not subject to garnishment] not enough to garnish because of the application of the formula set forth above, this order shall continue and shall automatically take effect when the wages of the judgment debtor shall increase to an amount that creates disposable earnings based upon the formula set forth above. If [the money being] wages are being withheld pursuant to a notice to withhold

income under the Support Enforcement Act [exceeds the otherwise garnishable amounts], this garnishment shall continue in effect until the notice to withhold income has been voided, modified, suspended or terminated, at which time the full amount allowed for garnishment shall be paid to the judgment creditor. If the wages are being withheld pursuant to a notice to withhold income under the Support Enforcement Act, but are less than twenty-five percent (25%) of the judgment debtor's disposable earnings, the difference between the amount withheld for child or spousal support and the amount equal to twenty-five percent (25%) of the judgment debtor's disposable earnings shall be paid to the judgment creditor until the child or spousal support notice to withhold income has been voided, modified, suspended, or terminated, at which time the full amount allowed for this garnishment shall be paid to the judgment creditor. If wages are being withheld pursuant to a prior garnishment and/or a prior demand warrant for unpaid taxes, the prior garnishment and/or prior demand warrant shall be paid first and upon full payment of the prior garnishment and/or prior demand warrant, the full amount allowed for this garnishment shall be paid to the judgment creditor. [ ] 4. Money or property other than wages [ ] The money or property held by the garnishee is exempt from garnishment and the writ of garnishment in this case is hereby released and discharged; and the garnishee no longer has any obligation to withhold wages, money, or property from the judgment debtor on account of that writ. [ ] The garnishee, having no money or property of the judgment debtor, is discharged and released from the writ of garnishment. [ ] The garnishee shall turn over to the judgment creditor the property of the judgment debtor shown on Exhibit A attached hereto. [ ] 5. Costs and fees of garnishee [[ ] The judgment creditor is awarded, in addition to the above amounts, the sum of $ as additional costs and fees pursuant to Section 35-12-16 NMSA 1978] [ ] The garnishee shall be reimbursed $ for its costs and $ for its attorney fees [the same] to be paid by the. If paid by the judgment debtor, said sum shall be paid from the first money otherwise payable to the judgment creditor but shall not reduce the amount due the judgment creditor [is to be paid,] as [ordered] determined above. 6. Payments Payments under this order shall be sent to: (name of judgment creditor)

(address of judgment creditor) (city, state, and zip code) (phone number of judgment creditor), Date Judge [As amended, effective July 1, 1992; January 1, 1996; December 3, 2001; by Supreme Court Order No. 12-8300-030, effective for all cases filed or pending on or after January 7, 2013.] USE NOTE See Jemko v. Liaghat, 106 N.M. 50, 52, 738 P.2d 922, 925 (Ct. App. 1987) (providing that a judgment creditor, acting pursuant to a writ of garnishment, may only seize property belonging to the judgment debtor); Alcantar v. Sanchez, 2011-NMCA-073, 150 N.M. 146, 257 P.3d 966 (discussing garnishment procedures in the case of joint bank accounts). [Adopted by Supreme Court Order No. 12-8300-030, effective for all cases filed or pending on or after January 7, 2013.]