Order On Claim Of Exemption And Order To Pay In Execution Proceedings {4-804}

CIVIL FORM 4-804 Supreme Court Approved November 6, 1995 1 4-804 2 3 [1-065.1, 2-801, 3-801] 4 5 STATE OF NEW MEXICO 6 IN THE ___________________ COURT No. _________ 7 __________________________ COUNTY 8 9 10 __________________________________, Plaintiff 11 12 against 13 14 __________________________________, Defendant 15 16 17 ORDER ON CLAIM OF EXEMPTION AND ORDER TO PAY 18 IN EXECUTION PROCEEDINGS 19 20 This matter coming before the court, THE COURT FINDS: 21 22 [ ] 1. At the time the writ of e xecution wa s served 23 on the judgment debtor, the amount of 24 $___________ was unpaid and owing to the 25 judgment creditor. 26 27 [ ] 2. As a result of this execution proceeding ,28 judgment creditor has spent additional costs 29 of $__________. 30 31 [ ] 3. The total amount of judgment and costs to date 32 is $____________ plus interest of ____% per 33 year from ________________, 20____. 34 35 [ ] 4. An af fidavit of s ervice or return of service 36 of the writ of execution; a notice of right to 37 claim exemption form, and a claim of exemption 38 form were served on the judgment debtor(s) or 39 their attorney of record, if any. 40 41 [ ] 5. The judgment debtor: 42 43 [ ] has not filed a claim of exemption; or 44 45 [ ] has filed a claim of exemption and th e 46 judgment creditor has not disputed the claim 47 of exemption for the following property and 48 such property is therefore exempt: 49 _____________________________________________ 50 _____________________________________________ 51 ______________ _______________________________; 52 <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-804 Supreme Court Approved November 6, 1995 1 and 2 3 the following disputed property is not exempt 4 and may be seized and sold by the sheriff 5 6 _____________________________________________ 7 8 _____________________________________________ 9 10 _____________________________________________ 11 12 THE COURT ORDERS: 13 14 [ ] 1. The judgment creditor is awarded, in addition 15 to the amount of the judgment, the sum of 16 $_________ as additional costs. 17 18 [ ] 2. The following property held by the sheriff is 19 exempt from execution and the writ of 20 execution in this case is hereby released and 21 discharged as to that property: 22 23 _____________________________________________ 24 25 _____________________________________________ 26 27 _____________________________________________ 28 29 [ ] 3. The sheriff may seize and sell the property of30 the judgment debtor except as set forth above. 31 32 33 ______________, 20_____ _______________________________ 34 Judge 35 36 37 [As amended, effective July 1, 1992; January 1, 1996.] 38 o 2