[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Full Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Re: [Case Name and Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Default Judgment in the case mentioned above, pursuant to the New Mexico Rules of Civil Procedure [cite the specific rule if applicable]. I am the [Plaintiff/Defendant] in this case, and I regret to inform you that the opposing party, [Opposing Party's Name], has failed to respond to the complaint within the specified time frames as stipulated by the court rules. Consequently, I believe it is appropriate to request a Default Judgment in favor of the [Plaintiff/Defendant]. To provide you with a clear overview of the events leading up to this request, I have outlined the main details below: 1. Case Background: [Briefly describe the background and nature of the case, including the filing date and any previous proceedings.] 2. Service of Process: [State how the summons and complaint were served to the opposing party, including the method and date of service.] 3. Failure to Respond within Specified Time: [Detail the specific dates and deadlines for the opposing party to file an answer or responsive pleading, highlighting their failure to do so.] 4. Affidavit of Default: [If applicable, provide an affidavit or affirmation attesting to the fact that the opposing party has not responded within the required time, according to the applicable court rules.] 5. Requested Relief: [Specify the relief sought in the Default Judgment, which could include a monetary award, injunctive relief, or any other appropriate remedy.] I have attached the necessary documents supporting this Default Judgment request, including the Affidavit of Default, for your perusal. Kindly find them enclosed with this letter. I understand that the court will review the submitted documents and make an informed decision regarding the Default Judgment request. I trust in your impartiality and expertise to consider the merits of the case and deliver justice accordingly. Should you require any additional information or documentation to support this matter, please do not hesitate to contact me at the provided phone number or email address. Thank you for your attention to this matter. I look forward to the court's decision and prompt resolution in this case. Yours sincerely, [Your Full Name] [Your Case-Specific Role, e.g., Plaintiff/Defendant] [Case Name and Number] Enclosures: — Affidavidefaultul— - [Any other supporting documents]
New Mexico Sample Letter to Judge submitting Default Judgment
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Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Unless the judgment has been stayed, the clerk of the court shall issue a writ of execution for seizure of property to satisfy a judgment on an underlying dispute: (1) if the judgment debtor is not a natural person, at any time after the filing of the judgment; or (2) if the judgment debtor is a natural person: (a) ...
A judgment obtained through a common law action on a prior judgment or through any other means of revival of a prior judgment shall not be enforceable after fourteen years from the date of the original judgment upon which it is founded.
How does a creditor go about getting a judgment lien in New Mexico? To properly attach the lien, the creditor files the judgment with the county clerk in any New Mexico county where the debtor owns property now or may own property in the future.
Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
Any money judgment rendered in the supreme court, court of appeals, district court or metropolitan court shall be docketed by the clerk of the court and a transcript or abstract of judgment may be issued by the clerk upon request of the parties.
One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.
