[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judgment Creditor's Name] [Judgment Creditor's Address] [City, State, ZIP] Subject: New Mexico Sample Letter for Judgment Garnishment Dear [Judgment Creditor's Name], I am writing regarding the judgment garnishment in the state of New Mexico. As per the court's order, I understand that you have been granted the authority to collect the outstanding judgment that I owe. I want to cooperate fully and ensure that we proceed according to the law while resolving this matter. 1. Wage Garnishment: If you intend to pursue wage garnishment, it is important to follow the guidelines set by the state of New Mexico. The law states that the amount that can be garnished from my wages cannot exceed 25% of my disposable earnings or the amount by which my weekly disposable earnings exceed 40 times the federal minimum hourly wage, whichever is less. I request that you adhere to these limitations to maintain a fair and lawful process. 2. Bank Account Garnishment: Should you opt for garnishing my bank account, please note that New Mexico law protects certain funds from being garnished, such as social security benefits, disability benefits, child support, and other exempt income. I urge you to review the relevant laws and ensure that any attempt to garnish my bank account respects these exemptions. 3. Property and Asset Garnishment: In the event that you intend to pursue garnishment of my property or assets, I kindly request you to provide a comprehensive list enumerating the items that are being considered for seizure. It is crucial that any property or assets subject to garnishment are within the scope allowed by New Mexico law. To facilitate the garnishment process and ensure accurate calculation, I have attached my most recent pay stub and bank statement for your convenience. Additionally, I would appreciate it if you could provide a detailed breakdown of the outstanding judgment amount, including any accrued interest or additional fees, if applicable. Lastly, I kindly request that all future correspondence related to this judgment garnishment be in writing. This helps maintain a clear record of our communication and ensures that both parties agree on the terms and procedures involved. Please acknowledge receipt of this letter within [number of days] days. It is essential for both of us to agree on the next steps and proceed accordingly. If you have any questions or require further documentation, please do not hesitate to contact me at [phone number] or [email address]. Thank you for your attention to this matter, and I look forward to resolving the judgment garnishment in a lawful and fair manner. I appreciate your cooperation. Sincerely, [Your Name]
New Mexico Sample Letter for Judgment - Garnishment
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How to fill out New Mexico Sample Letter For Judgment - Garnishment?
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FAQ
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.
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) ...
The Garnishee can pay the Creditor up to 25% of the Debtor's disposable earnings as long as the Debtor receives at least 40 times the hourly federal minimum wage per week. A Garnishment of wages continues until the Judgment debt is paid in full or until the Debtor is no longer employed by the Garnishee.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
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.
How You Can Stop Garnishment Claim exemption. Some of your wages or income may be exempt due to the type of income received. ... Pay the debt. By paying your debt in full, either through a consolidation loan or other means, you can stop wage garnishment. ... File for bankruptcy.
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.
