New Mexico Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel

• Category: Letters - Legal - Affidavits
• State: Multi-State
• Control #: US-0306LTR
• Format: Word; Rich Text

Description

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] [Judge's Name] [Judge's Designation] [New Mexico State Court] [Court's Address] [City, State, ZIP Code] Re: Case No. [Case Number] — [Plaintiff's Name] vs. [Defendant's Name] Dear Honorable [Judge's Last Name], I am writing to submit the Affidavit of Counsel for the Defendant in the aforementioned case. As the attorney representing the Defendant, I hereby request that a summons be served by publication due to the Defendant's unknown whereabouts and diligent efforts made to locate the Defendant. [Summons by Publication Explanation] When a Defendant cannot be personally served due to an unknown address or after diligent attempts to locate the Defendant, the court may authorize service by publication. This method involves publishing a notice in a designated newspaper, typically of general circulation, to notify the Defendant about the ongoing legal proceedings against them. A copy of the summons and complaint is included in the publication. [Legal Basis for Summons by Publication] In accordance with the New Mexico Rules of Civil Procedure, specifically Rule 1-004(D), service by publication may be warranted when personal service is impracticable or cannot be made despite diligent efforts. It is crucial to establish to the court that the Defendant's location is unknown and that reasonable efforts have been made to locate them. [Diligent Efforts to Locate the Defendant] I hereby attest, under penalty of perjury, that I have exercised due diligence in attempting to locate the Defendant. These efforts include but are not limited to: 1. Conducted extensive searches through public records databases, including property ownership records, motor vehicle registrations, and voter registration information. 2. Sought assistance from a professional skip tracer to locate the Defendant. 3. Employed private investigators to conduct a thorough search for the Defendant and their known associates. 4. Contacted relatives, friends, and colleagues of the Defendant to obtain any information on their whereabouts. 5. Checked employment records and reached out to previous employers to determine the Defendant's current employment status. 6. Requested relevant agencies, such as the Department of Motor Vehicles, Social Security Administration, and the U.S. Postal Service, to share any information regarding the Defendant's address or any forwarding addresses. 7. Conducted online searches on social media platforms, public records websites, and directory listings. Despite these diligent efforts, no current or forwarding address for the Defendant has been discovered. [Publication Details] If this Honorable Court deems it appropriate, I respectfully request the following details to be included in the summons by publication: 1. The Defendant's name: [Defendant's Full Legal Name] 2. A summary of the lawsuit: [Provide a brief overview of the nature of the lawsuit, including the reason for the legal action and the relief sought by the Plaintiff.] 3. The requirement for the Defendant to file a response: [Specify the deadline by which the Defendant is required to respond to the lawsuit, typically within a specific number of days from the date of the last publication.] 4. The name and address of the court where the lawsuit is filed: [Court's Name and Address] [Newspaper Selection] I propose that the summons by publication be published in a newspaper of general circulation in the county where the lawsuit is filed. The following newspaper(s) are recommended: 1. [Newspaper Name] [Newspaper Address] [City, State, ZIP Code] 2. [Alternative Newspaper Name (if applicable)] [Alternative Newspaper Address] [City, State, ZIP Code] [Certificate of Publication] Once the publication is completed, I request that the respective newspaper(s) provide a Certificate of Publication indicating the dates on which the summons and complaint were published. This certificate is necessary to demonstrate the Defendant's receipt of notice and compliance with the court's order. [Conclusion] I trust that this Affidavit of Counsel, along with the supporting documents, sufficiently demonstrates the Defendant's unknown whereabouts and the diligent efforts taken to locate them. I respectfully request that this Honorable Court authorize service by publication and provide any requested details for the summons. Thank you for your attention to this matter. Yours faithfully, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, ZIP Code] [Email Address] [Phone Number]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [New Mexico State Court] [Court's Address] [City, State, ZIP Code] Re: Case No. [Case Number] — [Plaintiff's Name] vs. [Defendant's Name] Dear Honorable [Judge's Last Name], I am writing to submit the Affidavit of Counsel for the Defendant in the aforementioned case. As the attorney representing the Defendant, I hereby request that a summons be served by publication due to the Defendant's unknown whereabouts and diligent efforts made to locate the Defendant. [Summons by Publication Explanation] When a Defendant cannot be personally served due to an unknown address or after diligent attempts to locate the Defendant, the court may authorize service by publication. This method involves publishing a notice in a designated newspaper, typically of general circulation, to notify the Defendant about the ongoing legal proceedings against them. A copy of the summons and complaint is included in the publication. [Legal Basis for Summons by Publication] In accordance with the New Mexico Rules of Civil Procedure, specifically Rule 1-004(D), service by publication may be warranted when personal service is impracticable or cannot be made despite diligent efforts. It is crucial to establish to the court that the Defendant's location is unknown and that reasonable efforts have been made to locate them. [Diligent Efforts to Locate the Defendant] I hereby attest, under penalty of perjury, that I have exercised due diligence in attempting to locate the Defendant. These efforts include but are not limited to: 1. Conducted extensive searches through public records databases, including property ownership records, motor vehicle registrations, and voter registration information. 2. Sought assistance from a professional skip tracer to locate the Defendant. 3. Employed private investigators to conduct a thorough search for the Defendant and their known associates. 4. Contacted relatives, friends, and colleagues of the Defendant to obtain any information on their whereabouts. 5. Checked employment records and reached out to previous employers to determine the Defendant's current employment status. 6. Requested relevant agencies, such as the Department of Motor Vehicles, Social Security Administration, and the U.S. Postal Service, to share any information regarding the Defendant's address or any forwarding addresses. 7. Conducted online searches on social media platforms, public records websites, and directory listings. Despite these diligent efforts, no current or forwarding address for the Defendant has been discovered. [Publication Details] If this Honorable Court deems it appropriate, I respectfully request the following details to be included in the summons by publication: 1. The Defendant's name: [Defendant's Full Legal Name] 2. A summary of the lawsuit: [Provide a brief overview of the nature of the lawsuit, including the reason for the legal action and the relief sought by the Plaintiff.] 3. The requirement for the Defendant to file a response: [Specify the deadline by which the Defendant is required to respond to the lawsuit, typically within a specific number of days from the date of the last publication.] 4. The name and address of the court where the lawsuit is filed: [Court's Name and Address] [Newspaper Selection] I propose that the summons by publication be published in a newspaper of general circulation in the county where the lawsuit is filed. The following newspaper(s) are recommended: 1. [Newspaper Name] [Newspaper Address] [City, State, ZIP Code] 2. [Alternative Newspaper Name (if applicable)] [Alternative Newspaper Address] [City, State, ZIP Code] [Certificate of Publication] Once the publication is completed, I request that the respective newspaper(s) provide a Certificate of Publication indicating the dates on which the summons and complaint were published. This certificate is necessary to demonstrate the Defendant's receipt of notice and compliance with the court's order. [Conclusion] I trust that this Affidavit of Counsel, along with the supporting documents, sufficiently demonstrates the Defendant's unknown whereabouts and the diligent efforts taken to locate them. I respectfully request that this Honorable Court authorize service by publication and provide any requested details for the summons. Thank you for your attention to this matter. Yours faithfully, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, ZIP Code] [Email Address] [Phone Number]