Civil Complaint (Consumer Debt) {4-226}

4-226. Civil complaint provisions; consumer debt claims. (Effective July 1, 2017.)[For use with Rule 1-009(J) NMRA]In addition to the requirements set forth in the New Mexico Rules of Civil Procedure, a pleadingasserting a claim subject to Rule 1-009(J) shall include, at a minimum, the following provisions:STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICT, Plaintiff v.No. , Defendant CIVIL COMPLAINT(a)The full name and address of the Defendant is as follows: (b)The last two (2) digits of the Defendant222s social security number,contained in the original creditor222s records are as follows: (c)If the Plaintiff does not provide the social security number above, Plaintiffstates, with specificity, that the basis on which it was determined that the named Defendant is thedebtor on the debt is as follows: [ ]The Plaintiff in this action IS the original creditor; OR[ ]The Plaintiff IS NOT the original creditor and the name and address underwhich the original creditor did business with the Defendant is as follows:The last four (4) digits of the Defendant222s account number, used by the originalcreditor as of the date of default are as follows: The balance due at the time of default is as follows: (a)The total amount of the debt claimed is $,itemized as follows: Principal amount due: Interest: Other charges, fees, and expenses (specified individually): American LegalNet, Inc. www.FormsWorkFlow.com The itemization of the amount of the debt claimed set forth above does not includeattorney fees and court costs.(b)The basis for each of the itemized charges, fees, or expenses is as follows:The date of last payment made by Defendant is as follows: Plaintiff states, consistent with Rule 1-011 NMRA, that the applicable statute oflimitations on this claim has not run.The name and address of the current owner of this debt is as follows: Plaintiff [ ] IS or [ ] IS NOT a collection agency. If the Plaintiff is acollection agency:(a)the name and address of the collection agency is as follows: (b)The New Mexico license number for the collection agency is as follows:(c)The specific facts demonstrating that the collection agency is the real partyin interest are as follows: [ ]The original or copy of any instrument of writing on which the action isfounded IS attached as Exhibit A. See Rule 1-009(J)(2) NMRA.[ ]The original or copy of any instrument of writing on which the action isfounded IS NOT attached. The reason the instrument of writing is not attached is as follows:[ ]Plaintiff alleges entitlement to enforce the debt but is not the originalcreditor. Plaintiff has attached an affidavit showing the chain of title or assignment of the debt.See Rule 1-017(E)(2) NMRA.Plaintiff also seeks court costs and the following additional relief as specified:WHEREFORE, Plaintiff demands judgment in the amount of $, and costs[and attorney fees] and such further relief as the court deems proper.Date SignatureName (print) Address (print) American LegalNet, Inc. www.FormsWorkFlow.com City, State, and Zip Code (print) Telephone NumberUSE NOTERule 1-008(A)(3) NMRA bars asking for damages in any specific amount 223unless it is anecessary allegation of the complaint.224 Rule 1-054(C) NMRA bars default judgments exceedingthe amount stated in the demand for judgment. Consistent with Rule 1-008(A)(3) and Rule 1-054(C), and in order to provide notice to the defendant of the consequences of a defaultjudgment, the demand for judgment in a specific amount is here made a necessary part of thecomplaint.[Adopted by Supreme Court Order No. 16-8300-031, effective for all cases pending or filed on orafter July 1, 2017.] American LegalNet, Inc. www.FormsWorkFlow.com