[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Second Motion for Examination of Judgment — Debtor Dear [Recipient's Name], I hope this letter finds you in good health and spirits. I am writing to bring to your attention the matter of [Debtor's Name], who is indebted to me as a result of a previously obtained judgment in the [Court Name], case number [Case Number]. Following the initial motion for examination of judgment and subsequent court order, I regret to inform you that [Debtor's Name] has failed to meet the obligations outlined in the judgment. Despite multiple attempts to communicate and resolve this matter amicably, no satisfactory arrangement has been reached. As a result, I find it necessary to seek your intervention once again in pursuing the collection of the outstanding debt. In accordance with the New Mexico Rule of Civil Procedure [Rule Number], I hereby file my second motion for examination of judgment against the debtor. Enclosed, please find the necessary documentation and supporting evidence requesting a court-ordered examination of the debtor's assets, liabilities, income, and any other pertinent financial information. It is crucial to note that the purpose of this motion is not to inflict undue hardship on the debtor but to ensure the enforcement of a valid court judgment. By conducting a detailed examination, we aim to identify any available assets or alternate means to settle the outstanding debt equitably. This process will assist me in recovering the amount owed to me and facilitate the closure of this protracted matter. I kindly request that you review this motion promptly and schedule a hearing at your earliest convenience. Moreover, I would appreciate your consideration of any additional legal steps to enforce the judgment and bring about a final resolution to this case. Should you require any further information or documents to proceed with the examination, kindly inform me, and I will be diligent in providing the necessary materials in a timely fashion. I would like to emphasize my sincere willingness to cooperate and reach a satisfactory resolution, as I believe in the legal system's ability to mediate disputes fairly. Your attention and intervention in this matter are greatly appreciated. Thank you for your time and consideration. I look forward to a favorable response and the opportunity for a fair examination of the judgment debtor's assets. Yours sincerely, [Your Name]
New Mexico Sample Letter for Second Motion for Examination of Judgment - Debtor
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FAQ
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.
Probate can be filed any time between 5 days and 3 years after the decedent's death. Note: A probate case may be filed after the 3 year period for the limited purpose of transferring title to real property from the decedent's name to the decedent's heirs. Read more at Section 45-3-108 NMSA 1978.
Written order. Whenever counsel undertakes to represent a defendant in any criminal action, he will file a written entry of appearance in the cause, unless he has been appointed by written order of the court. For the purpose of this rule, the filing of any pleading signed by counsel constitutes an entry of appearance.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
The Creditor may begin the collection process immediately after the Judgment is filed. There are three basic ways to collect a Judgment in Metropolitan Court: ? Agreement between the parties; ? Garnishment; and/or ? Execution on a Judgment.
Generally, default judgment precludes trial of facts, except as to damages, as the allegations of the complaint, in effect, become findings of fact. Gallegos v. Franklin, 1976-NMCA-019, 89 N.M. 118, 547 P.
Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.
