Summons And Notice Of Trial On Petition For Writ Of Restitution {4-905}

CIVIL FORM 4-905 Supreme Court Approved June 16, 1997 1 4-905 2 3 [Section 47-8-43 NMSA 1978] 4 5 STATE OF NEW MEXICO 6 _____________________________ COURT 7 _____________________________ COUNTY 8 9 No. _________10 11 _______________________________, Plaintiff 12 13 v. 14 15 _______________________________, Defendant 16 17 18 SUMMONS AND NOTICE OF TRIAL 19 ON PETITION FOR WRIT OF RESTITUTION 20 (Uniform Owner-Resident Relations Act) 21 22 To: ______________________________________, defendant 23 24 Address: _________________________________________________ 25 26 ____________________________, New Mexico ________ 27 28 GREETINGS: 29 30 You are ordered to appear for trial before the 31 Honorable __________________________, Judge, Div._____, 32 located at _________________________, New Mexico on the ____ 33 day of ______________, ______ (date) , at the hour of ___.m.34 to show cause and present all evidence you may have why the 35 plaintiffs petition for a writ of restitution for the 36 property located at ______________________________ should 37 not be granted and why the plaintiff should not have 38 judgment against you for any back rents or damages you 39 caused to the property, in accordance with the petition 40 filed by the plaintiff in this action, a copy of which is 41 attached. 42 43 Your failure to appear at the time and place specified 44 above may result in the entry of judgment against you in 45 accordance with the petition filed by the plaintiff in this 46 action, a copy of which is attached. 47 48 You may file a written answer and assert any claims you 49 may have prior to the trial. 50 51 FOR USE ONLY IN METROPOLITAN COURT CASES 52 [ IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-905 Supreme Court Approved June 16, 1997 1 YOU MUST REQUEST IT BEFORE THE BEGINNING OF THE 2 PROCEEDING. IF YOU DO NOT ASK FOR A TAPE 3 RECORDING, YOU WILL NOT HAVE A RECORD OF THE 4 PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR ANY 5 APPEAL. ] 6 7 Dated: ________________. 8 9 _________________________________ 10 Judge 11 12 13 By: _____________________________ 14 Clerk 15 16 THIS IS YOUR NOTICE OF TRIAL 17 and will be the only notice 18 that you will receive. 19 1 20 RETURN 21 22 STATE OF NEW MEXICO ) 23 ) ss 24 COUNTY OF _____________) 25 26 (complete if service is by a person 27 other than the sheriff or deputy) 28 29 I, being sworn state that I am over the age of eighteen (18) 30 years and not a party to this lawsuit, and that I served 31 this summons in ________________ county on the _____ day of 32 _____________________, _____ (date) , by delivering a copy of 33 this summons, a copy of the petition and a copy of the 2 34 answer form in the following manner: 35 336 (check and complete only if service by sheriff or deputy) 37 38 I certify that I served this summons in ___________________ 39 county on the ____ day of _________________, (date) , by 40 delivering a copy of the summons, a copy of the petition and 2 41 an answer form in the following manner: 42 43 (person serving summons must check one of following boxes 44 and fill in appropriate blanks) 45 46 [ ] by delivering a copy of this summons, a copy of 47 the petition and an answer form to the defendant 48 _____________________ (used when defendant 49 receives copy of summons or refuses to receive 50 summons). 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-905 Supreme Court Approved June 16, 1997 1 [ ] by delivering a copy of this summons, a copy of 2 the petition and an answer form to 3 ___________________, a person over fifteen (15) 4 years of age and residing at the usual place of 5 abode of defendant _________________, located at 6 _____________________________________ (address). 7 (used when defendant is not presently at the 8 abode.) . 9 10 [ ] by posting a copy of the summons, petition and an 11 answer form in the most public part of the 12 premises of defendant _________________________ 13 located at ____________________________________ 14 (address). (Used if no person found at dwelling 15 house or usual place of abode.) (If service is by16 posting a copy of the summons, petition and an 17 answer form must also be mailed to the person 18 served. The person serving by posting and the 19 person serving by mail must each sign a return. 20 The person mailing must check and complete the 21 certificate of mailing at the end of this 22 summons.) 23 24 [ ] by delivering a copy of this summons, a copy of 25 the petition and an answer form to 26 ____________________, an agent authorized to 27 receive service of process for defendant. 28 29 [ ] by delivering a copy of this summons, a copy of 30 the complaint and an answer form to 31 _______________, (parent) (guardian) (custodian) 32 of defendant (used when defendant is a minor or an 33 incompetent person) . 34 35 [ ] by delivering a copy of this summons, a copy of 36 the petition and an answer form to 37 ______________________ (name of person) ,38 ___________________, (title of person authorized 39 to receive service ) (used when defendant is a 40 corporation or an association subject to a suit 41 under a common name, a land grant board of 42 trustees, the State of New Mexico or any political 43 subdivision) . 44 45 [ ] by service by mail. 46 47 Fees: _____________________ 48 49 ____________________________________ 50 Signature of person making service 3 <<<<<<<<<********>>>>>>>>>>>>> 4 CIVIL FORM 4-905 Supreme Court Approved June 16, 1997 1 ____________________________________ 2 Title (if any) 3 4 Subscribed and sworn to 5 before me this _____ 6 day of ______________, _____ 7 ______________________________ 8 Judge, notary or other officer 3 9 authorized to administer oaths 10 11 ______________________________ 12 Official title 13 414 (To be completed if service is made by posting) 15 I, being sworn, state that I am over the age of eighteen 16 (18) years and not a party to this lawsuit, and that I 17 served a copy of this summons on the ____ day of 18 _______________, _____, by mailing first class mail, postage 19 prepaid, a copy of this summons, a copy of the complaint, 20 and an answer form to: 21 __________________________ (name of person served) 22 __________________________ (address where mailed) 23 __________________________ (county) 24 __________________________ (city, state and zip code) 25 26 ____________________________________ 27 Signature of person making service 28 29 ____________________________________ 30 Title (if any) 31