Last updated: 11/26/2013
Answer By Garnishee {4-807}
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Description
STATE OF NEW MEXICO COUNTY OF BERNALILLO IN THE METROPOLITAN COURT ____________________________, Plaintiff, v. ____________________________, Defendant. ____________________________, Garnishee. ANSWER BY GARNISHEE No. __________________________ In answer to the Writ of Garnishment, Garnishee states: (Complete only applicable parts of this form.) 1. Wages: I do not employ the judgment debtor or pay the judgment debtor any wages. The judgment debtor was my employee but is not any longer. Judgment debtor's employment was ended ______________, __________, before I was served with the writ of garnishment. I pay the judgment debtor $__________________ (per week) (per hour) (per__________________) as wages. GROSS WAGES per pay period Federal income tax F.I.C.A. State income tax Other deduction required by law NET WAGES per pay period 75% of net wages per pay period 40 times weekly federal minimum wage for each week in pay period __________________ 2. $__________________ $__________________ $__________________ $__________________ $__________________ $__________________ $__________________ $__________________ Money other than wages: I do not now owe the judgment debtor any money. I owe the judgment debtor $__________________. I did not owe the judgment debtor any money at the time of the service of the writ of garnishment; however, between the date of the service of the writ of Rule 4-807 as amended, effective 06/15/86;01/01/87;07/01/92;01/01/96;12/03/01 CV-022-1 Answer by Garnishee (Rev. 12/01; 02/09) American LegalNet, Inc. www.FormsWorkFlow.com garnishment and the date of filing this answer the sum of $__________________ belonging to the judgment debtor came into my possession. On the date of this answer I do not now owe the judgment debtor any money. 3. Property other than money: I have no property of the judgment debtor in my possession and have not received any since receiving the writ of garnishment. I have in my possession the following property that belongs to the judgment debtor: (description) (approximate value) ____________________________ $__________________ ____________________________ $__________________ 4. Wage withholding: (check and complete all applicable alternatives) I am presently withholding ________% of the judgment debtor's net disposable earnings pursuant to the Support Enforcement Act. (Attach a copy of order and file it with this answer.) I have been served with other writs or orders to withhold wages of the above judgment debtor that have not been satisfied. (If you have been served with other writs of garnishment or court orders to withhold wages of the above judgment debtor, attach and file a copy of each writ or order with this answer.) The percent of the judgment debtor employee's net disposable earnings I am presently withholding for all garnishment proceedings is ________% of the debtor's net disposable earnings. 5. Money other than wages: I have been served with other Writs or Orders to withhold money owed to the above judgment debtor that have not yet been satisfied. (Attach a copy of each order and file it with this Answer.) 6. Service requirements compliance: (For service to be complete, check box (a) or (b) and box (c)) I have sent the following papers which have been provided to me (a) by the judgment creditor to the judgment debtor: if wages withheld: a copy of the Application for a Writ of Garnishment; the Writ of Garnishment; and a copy of this Answer have been mailed to each judgment debtor. if money or property other than wages withheld: a copy of the Application for Writ of Garnishment; the Writ of Garnishment; a Notice of Right to Claim Exemptions; a Claim of Exemption form and a copy of this Answer have been mailed to each judgment debtor. [OR] I am not aware of the location or address of the judgment debtor (b) and therefore am unable to serve the notices set forth in this paragraph. Rule 4-807 as amended, effective 06/15/86;01/01/87;07/01/92;01/01/96;12/03/01 CV-022-2 Answer by Garnishee (Rev. 12/01; 02/09) American LegalNet, Inc. www.FormsWorkFlow.com 2 [AND] A copy of this Answer has been mailed or delivered to the (c) judgment creditor. 7. Attorney fees: The garnishee has incurred $ __________________ in attorney fees in preparing this answer. The undersigned, the named garnishee or an officer, partner or authorized representative of the named garnishee verifies that the foregoing Answer by Garnishee is true to the best of garnishee's knowledge and belief, that the undersigned is the custodian of the records upon which the Answer is based and that the Answer is true and correct based upon these records. ___________________________________ Signature of garnishee or attorney ___________________________________ Printed name of person signing ___________________________________ Address ___________________________________ City, state and zip code (print) ___________________________________ Telephone number Subscribed and sworn to before me this ____________ day of ___________________, __________ Judge, notary or other officer authorized to administer oaths: _________________________ Rule 4-807 as amended, effective 06/15/86;01/01/87;07/01/92;01/01/96;12/03/01 CV-022-3 Answer by Garnishee (Rev. 12/01; 02/09) American LegalNet, Inc. www.FormsWorkFlow.com 3