4-810
[2-802, 3-802]
STATE OF NEW MEXICO
IN THE ___________________ COURT
No. _________

__________________________ COUNTY
__________________________________, Plaintiff
v.
__________________________________, Defendant

__________________________________, Garnishee

MOTION FOR DEFAULT JUDGMENT AGAINST GARNISHEE

    Judgment creditor moves the court to enter a default judgment against the garnishee.

    The Writ of Garnishment was served on the garnishee on __________________ (date) and the return of service of the writ on the garnishee has been filed with the court.

    The garnishee has not filed an answer or other responsive pleading with the court nor has the judgment creditor been served with a responsive pleading.

    The judgment creditor requests the court to set a hearing on this motion on not less than three (3) days notice to the garnishee.

Date: _______________________        ______________________
                            Attorney for plaintiff

If the plaintiff is not represented
by an attorney, this motion must be
sworn to or affirmed by the plaintiff.

    I, ______________________ , upon my oath or affirmation do solemnly declare or affirm that this motion contains a complete, accurate statement of the facts to the best of my knowledge. I understand that if I make a material

misstatement of fact, I may be prosecuted and punished for perjury.

                _______________________________________
                Signature of plaintiff

                _______________________________________
                Signature of Judge, Notary or Other
                Officer Authorized to Administer Oaths

                ________________________________________
                Official title

My commission expires:

________________________________

(SEAL)

CERTIFICATE OF SERVICE

    I hereby certify that on this ____ day of ________, ___________ this motion was

    [mailed by United States mail, postage prepaid, and addressed to:

    Name:         __________________________________

    Address:     __________________________________

    City, State
    and zip code:    __________________________________]

    [faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _____ (a.m) (p.m) on _______________ (date).]

    [e-mailed to ________________________ (name of person who transmitted) to ______________________ at _________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (p.m) (a.m) on _____________________ (date).]

                    ________________________________
                    Signature of attorney


        If this notice was served by a person other than an attorney, the following must also be completed and filed with the court:

AFFIDAVIT OF SERVICE

    I declare under penalty of perjury that a copy of this notice of appeal was served by [mail] [fax] [electronic transmission] as described above on this ____ day of __________________, ________:

            __________________________________________
            Signature of person who made service

Subscribed and sworn to before me
this ___ day of _____________, _____.

______________________________
Judge, notary or other officer
authorized to administer oaths

______________________________
Official title

[Approved, effective August 1, 1999.]