Motion For Default Judgment Against Garnishee {4-810}

STATE OF NEW MEXICO COUNTY OF BERNALILLO IN THE METROPOLITAN COURT __________________________________, Plaintiff, v. __________________________________, Defendant, __________________________________, .Garnishee Case No. ___________________ MOTION FOR DEFAULT JUDGMENT AGAINST GARNISHEE Judgment Creditor moves the Court to enter a Default Judgment against the Garnishee. The Writ of Garnishment was served on the Garnishee on __________________ (date) and the Return of Service of the Writ on the Garnishee has been filed with the Court. The Garnishee has not filed an answer or other responsive pleading with the Court nor has the Judgment Creditor been served with a responsive pleading. The Judgment Creditor requests the Court to set a hearing on this Motion on not less than three (3) days notice to the Garnishee. Date: _______________________ _____________________________ Attorney for Plaintiff If the Plaintiff is not represented by an attorney, this Motion must be sworn to or affirmed by the Plaintiff. I, ______________________ , upon my oath or affirmation do solemnly declare or affirm that this Motion contains a complete, accurate statement of the facts to the best of my knowledge. I understand that if I make a material misstatement of fact, I may be prosecuted and punished for perjury. _______________________________________ Signature of Plaintiff Signed and sworn to (or affirmed) before me on __________________ (date) by _____________________ (name of person or persons making statement). ____________________________________ Signature of Notarial Officer My commission expires: _______________ (seal) American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that on this ____ day of ________, ___________ this motion was: [mailed by United States mail, postage prepaid, and addressed to: Name: __________________________________ Address: __________________________________ City, State and zip code: __________________________________] [faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _____ (a.m) (p.m) on _______________ (date).] [e-mailed to ________________________ (name of person who transmitted) to ______________________ at _________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (p.m) (a.m) on _____________________ (date).] ________________________________ Signature of attorney If this notice was served by a person other than an attorney, the following must also be completed and filed with the Court: CERTIFICATE OF SERVICE I hereby certify that on this _____________________________________________ (date) this document was: Mailed OR Hand-Delivered OR Faxed OR E-mailed Mailed OR Hand-Delivered OR Faxed OR E-mailed TO: ______________________________________ Name ______________________________________ Address ______________________________________ City, State, and Zip Code ______________________________________ Fax # (if faxed) ______________________________________ E-mail Address (if E-mailed) TO: ________________________________________ Name ________________________________________ Address ________________________________________ City, State, and Zip Code ________________________________________ Fax # (if faxed) ________________________________________ E-mail Address (if E-mailed) _____________________________________________ Signature of person sending document Use Note If document is hand-delivered directly to the person, only the name needs to be filled in above. Signed and sworn to (or affirmed) before me on __________________ (date) by _____________________ (name of person or persons making statement) ____________________________________ Signature of Notarial Officer My commission expires: _______________ 2 Rule 4-810 NMRA (Approved, effective August 1, 1999.) (As modified by the Metropolitan Court) CV-202 Motion for Default Judgment Against Garnishee (Rev. 6/11) American LegalNet, Inc. www.FormsWorkFlow.com (seal)