New Mexico Sample Letter for Recovery of Judgment from Defendants

State:
Multi-State
Control #:
US-0026LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP Code] Re: Recovery of Judgment from Defendants in [Case Number] Dear [Defendant's Name], I hope this letter finds you well. I am writing to you today in reference to the outstanding judgment against you in the aforementioned case, which was entered on [Date] by the [Court Name]. As the judgment creditor, I am seeking your cooperation in fulfilling your financial obligations. As you may recall, the court ruled in favor of the plaintiff [Your Name] and awarded a judgment amount of [Judgment Amount] to be paid by you, the defendant. The judgment remains unpaid, and it is my duty to inform you of your legal responsibilities and to request immediate action to satisfy the outstanding debt. It is crucial to address this matter promptly to avoid any legal consequences that may arise from non-compliance with the court's ruling. If you are experiencing financial difficulties, it is in your best interest to contact me as soon as possible so that we can explore possible arrangements for repayment or discuss potential alternative solutions. Please be advised that if the judgment remains unpaid, I am prepared to take further legal action to enforce the judgment and exercise all available remedies provided by the law. This may include wage garnishment, bank account levies, property liens, or other lawful means necessary to recover the amount owed. I would like to avoid resorting to such measures, as they can lead to additional expenses for both parties involved. To facilitate the resolution of this matter, I kindly request that you respond to this letter within [mention a reasonable timeframe, e.g., 14 days] to discuss a repayment plan or present any legitimate reasons for non-payment. I am open to negotiating a payment schedule that suits both parties, as I understand unexpected circumstances can impact financial stability. Failure to acknowledge this letter or address the outstanding judgment within the specified time frame will leave me with no choice but to pursue further legal action to satisfy the debt. I strongly urge you to take this matter seriously and act accordingly. Please make all future correspondences regarding this matter in writing to ensure accurate documentation of our discussions and agreements. You can mail your response to the address mentioned at the top of this letter or send it via email to [Your Email Address], whichever is more convenient for you. Thank you for your immediate attention to this matter. I look forward to resolving this issue amicably and avoiding any unnecessary difficulties. Yours sincerely, [Your Name]

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(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.

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 1-052 - Nonjury trials; findings and conclusions A. Findings and conclusions; when required. In a case tried by the court without a jury, or by the court with an advisory jury, the court shall enter findings of fact and conclusions of law when a party makes a timely request.

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.

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.

Rule 1-053 - Masters A. Appointment and compensation. The court in which any action is pending may appoint a special master therein. As used in these rules the word "master" includes a referee, an auditor and an examiner.

Parties may obtain discovery of any information, not privileged, which is relevant to the subject matter involved in the pending action. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Except as provided in this rule, at any time more than ten (10) days before the trial begins, any party may serve upon any adverse party an offer to allow an appropriate judgment to be entered in the action in ance with the terms and conditions specified in the offer.

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New Mexico Sample Letter for Recovery of Judgment from Defendants