New Mexico Agreed Judgment

State:
Multi-State
Control #:
US-00838
Format:
Word; 
Rich Text
Instant download

Description

This is an Agreed Judgment. This is used after a Petition for Forfeiture has been filed and the parties have agreed to a cash settlement. The Sheriff's office agrees to pay a certain amount to the Defendant's attorney, while the rest is retained by the Sheriff's office. This form is applicable in all states.
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FAQ

Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.

The plaintiff shall serve his reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs.

Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

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.

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.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.

Rule 1-025 - Substitution of parties A. Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

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New Mexico Agreed Judgment