Subject: Request to Issue Summons by Publication in New Mexico — Sample Letter Dear [Recipient's Name], I hope this letter finds you well. I am writing to request your assistance in the matter of serving a summons to a defendant in a court case. Due to difficulties in locating the individual, I believe it is necessary to request the issuance of a summons by publication in accordance with New Mexico state law. This case involves [briefly describe the nature of the case]. Our diligent efforts to locate the defendant have proved unsuccessful, despite utilizing various methods, including hiring a process server and conducting thorough searches through public records and databases. It is crucial that the defendant be properly served to ensure a fair and impartial judicial process. Understanding that New Mexico allows service by publication as an alternative means of service when personal service is impracticable, I kindly request the court to issue a summons by publication. As per Section [relevant New Mexico statute/ rule citation], we believe this method is justified in our case. To proceed with the publication of the summons, we have taken the following steps to ensure compliance with New Mexico requirements: 1. Obtained an Affidavit of Diligent Search: We have conducted a diligent search and have attached an Affidavit of Diligent Search, completed by a licensed private investigator [or appropriate authority], along with this request. The Affidavit outlines the efforts made to locate the defendant, demonstrating that personal service is impractical. 2. Selection of Appropriate Publication: We have selected a newspaper with general circulation within [county/ district or state] to publish the summons. The [Newspaper Name] is well-established, and its readership coverage aligns with the defendant's potential geographic location. 3. Publication Period: We propose publishing the summons for a minimum period of [number] weeks, as stipulated by New Mexico law, to provide a reasonable opportunity for the defendant to respond. 4. Publication Cost Guarantee: We understand that the petitioner is responsible for the cost of publication. Therefore, we will ensure full payment to the newspaper for the publication services rendered. Attached to this letter, you will find the necessary documents required for your consideration: 1. Affidavit of Diligent Search: (Provide attachment) 2. Proposed Summons for Publication: (Provide attachment) We kindly request you to review this request promptly and provide us with any specific instructions and forms necessary to proceed with the publication process. Additionally, if there are any additional costs or fees associated with this procedure, please inform us accordingly. Thank you for your attention to this matter. We greatly appreciate your assistance in ensuring that all parties receive proper due process. If you require any further information or documentation, please do not hesitate to contact me at [your contact information]. Looking forward to a favorable response from the court, we remain, Yours sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address] --- Types of New Mexico Sample Letter for Request to Issue Summons by Publication: 1. Sample Letter for Request to Issue Summons by Publication — Personal Injury Case: This type of letter would contain specific details related to seeking publication of a summons in a personal injury case where the defendant could not be located through traditional means. 2. Sample Letter for Request to Issue Summons by Publication — Divorce Proceedings: This type of letter would include relevant information related to serving a defendant in divorce proceedings through publication, following the inability to locate and serve them personally. 3. Sample Letter for Request to Issue Summons by Publication — Probate Case: This type of letter would focus on requesting the court's permission to serve a summons through publication in probate cases, where the whereabouts of an heir or a beneficiary are unknown. Please note that these are just examples of potential variations of the primary letter, tailored to specific legal contexts in which serving a summons by publication is required.
New Mexico Sample Letter for Request to Issue Summons by Publication
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After the Defendant is served with the Complaint & Summons, the Defendant must file an Answer or some other pleading (such as a Motion to Dismiss) within 20 days. An Answer is a written reply to a Complaint. When sued, the Answer is Defendant's chance to explain Defendant's side of the case to the Court.
(1) Service may be made upon the State of New Mexico or a political subdivision of the state: (a) in any action in which the state is named a party defendant, by delivering a copy of the process to the governor and to the attorney general; (b) in any action in which a branch, agency, bureau, department, commission or ...
Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney's or party's last known address. Service by mail is complete upon mailing.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if that person's attendance is commanded: (a) if the witness is to be paid from funds appropriated by the legislature to the administrative office of the courts for payment of state witnesses or for the ...
In New Mexico small claims filing limit is $10,000.00. Once the small claims case is filed and served upon the defendant, the defendant has 30 day to file and answer with the courts.
