Notice Of Right To Claim Exemptions (Garnishment) {4-808}

CIVIL FORM 4-808 Supreme Court Approved October 2, 2001 1 4-808 2 3 [1-065.2, 2-802, 3-802] 4 5 STATE OF NEW MEXICO 6 COUNTY OF ______________________ 7 [IN THE [MAGISTRATE] [METROPOLITAN] COURT] 8 [_____________________ JUDICIAL DISTRICT] 9 10 __________________________________, Plaintiff 11 12 v. No. __________ 13 14 __________________________________, Defendant 15 16 17 NOTICE OF RIGHT TO CLAIM EXEMPTIONS (GARNISHMENT) 18 19 1. THE JUDGMENT CREDITOR IS GARNISHING YOUR PROPERTY WHICH MAY 20 INCLUDE YOUR BANK ACCOUNT: 21 22 A ruling has been made in thi s case that you owe money to 23 the judgment creditor. The ju dgment creditor has started 24 to collect that money from your property which may include 25 your bank account. 26 27 2. PURPOSE OF THIS NOTICE: 28 29 This notice is to tell you that some kinds of propert y or30 money may NOT be ta ken from you even after the court has 31 ruled that you ow e t he judgment creditor money. These 32 funds or property are protected under federal or state law. 33 Money or property which may not be taken is called "exempt" 34 property. You may claim an exemption by filing with the 35 court a claim of exemption (garni shment) form. There are 36 limits on how much of your wages may be taken. You do not37 need to file a claim of exemption form to protect your 38 exempt wages. 39 40 Here is a list of some exempt money and prope rt y. Other 41 kinds of money or property not listed may also be exempt. 42 YOU MAY WISH TO CONSULT AN ATTORNEY BEFORE COMPLETIN G AND 43 FILING THIS FORM. 44 45 3. PARTIAL LIST OF EXEMPTIONS: 46 47 a. social security benefits (OASDI, SSI); 48 49 b. public assistance benefits (AFDC, welfare, GA); 50 51 c. life, accident or health insurance proceeds; 52 <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-808 Supreme Court Approved October 2, 2001 1 d. workers compensation benefits (part may be garnished 2 for child or spousal support); 3 4 e. occupational health benefits; 5 6 f. unemployment compensation benefits subject to the 7 limitations of Section 51-1-37 NMSA 1978; 8 9 g. veterans benefits; 10 11 h. pensions or retirement funds; 12 13 i. a partners interest in specific partnership property 14 subject to the limitations of Section 54-1-25 NMSA 15 1978; 16 17 j. crime victims reparation fund payments; 18 19 k. a family al lowanc e to a decedents surviving spouse 20 and children, subject t o the limitations of Sections 21 45-2-401 and 45-2-402 NMSA 1978; 22 23 l. the minimum amount of share s n ecessary for certain 24 cooperative associations as provided by Section 25 53-4-28 NMSA 1978; 26 27 m. fraternal benefit society payments; 28 29 n. oil and gas equipment not f inance d by the judgment 30 creditor to be used for purpos es for which it was 31 purchased as provided by Section 70-4-12 NMSA 1978. 32 33 4. HOW TO PROTECT EXEMPT PROPERTY: 34 35 A "claim of exempt ion (g arnishment)" form is attached for 36 you to complete and file with the court. YOU MUST COMPLETE37 AND R ETURN THE ATTACHED CLAIM OF EXEMPTIONS (GARNISHMENT) 38 FORM TO THE CLERK OF THE COURT WITHIN TEN (10) D AYS AFTE R39 SERVICE OF T HIS NOT ICE UPON YOU. YOU MUST ALSO SERVE A 40 COPY OF THE COMPLETED AND SIGNED CLAIM OF EXEMPTIONS 41 (GARNISHMENT) FORM ON THE JUDGMENT CREDITOR AND ON THE 42 GARNISHEE. 43 44 If the judgment creditor disputes a claimed exemption, the 45 clerk or the judge will notify you of the date and time for 46 a court hearing on your claim. You must go to that hearing47 and explain why your money or property is exempt. You must48 bring to the hearing any proof that your money or property 49 is exempt. 50 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-808 Supreme Court Approved October 2, 2001 1 If you do not complete and file the claim of exemptions 2 (garnishment) form within ten (10 ) days and attend the 3 hearing, your money or property may be turned over to the 4 judgment creditor . 5 6 DO NOT FILE THE CLAIM OF EXEMPTION FORM TO PROTECT ONLY 7 WAGES. 8 9 YOU SHOULD COMPLETE AND RETURN THE CLAIM OF EXEMPTION FORM TO 10 THE CLERK OF THE COURT WITHIN TEN (10) DAYS AFTER SERVICE OF 11 THIS FORM UPON YOU. MAKE A COPY OF THE COMPLETED FORM FOR YOUR 12 RECORDS AND SERVE A COPY ON THE JUDGMENT CREDITOR AND ON THE 13 GARNISHEE. 14 15 [ As amended, effective July 1, 1992; January 1, 1996; December 16 3, 2001.] 17 3