4-804

[1-065.1, 2-801, 3-801]

STATE OF NEW MEXICO
IN THE ___________________ COURT         No. _________
__________________________ COUNTY

__________________________________, Plaintiff

against

__________________________________, Defendant

ORDER ON CLAIM OF EXEMPTION AND ORDER TO PAY

IN EXECUTION PROCEEDINGS

    This matter coming before the court, THE COURT FINDS:

    [ ]    1.    At the time the writ of execution was served on the judgment debtor, the amount of $___________ was unpaid and owing to the judgment creditor.

    [ ]    2.    As a result of this execution proceeding, judgment creditor has spent additional costs of $__________.

    [ ]    3.    The total amount of judgment and costs to date is $____________ plus interest of ____% per year from ________________, 19____.

    [ ]    4.    An affidavit of service or return of service of the writ of execution; a notice of right to claim exemption form, and a claim of exemption form were served on the judgment debtor(s) or their attorney of record, if any.

    [ ]    5.    The judgment debtor:

        [ ]    has not filed a claim of exemption; or

        [ ]    has filed a claim of exemption and the judgment creditor has not disputed the claim of exemption for the following property and such property is therefore exempt:
            _____________________________________________
            _____________________________________________
            _____________________________________________;

            and

            the following disputed property is not exempt and may be seized and sold by the sheriff

            _____________________________________________

            _____________________________________________

            _____________________________________________

THE COURT ORDERS:

    [ ]    1.     The judgment creditor is awarded, in addition to the amount of the judgment, the sum of $_________ as additional costs.

    [ ]    2.     The following property held by the sheriff is exempt from execution and the writ of execution in this case is hereby released and discharged as to that property:

            _____________________________________________

            _____________________________________________

            _____________________________________________

    [ ]    3.    The sheriff may seize and sell the property of the judgment debtor except as set forth above.

______________, 19_____        ________________________________
                        Judge

[As amended, effective July 1, 1992; January 1, 1996.]
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