Writs of attachment in civil actions in the magistrate court shall be in substantially the following form:

Terms Used In New Mexico Statutes 35-9-8

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

“STATE OF NEW MEXICO                         MAGISTRATE DISTRICT, DIVISION                (Name), Plaintiff                    ) ) v.                                         )                CIVIL DOCKET NO.                 ) (Name), Defendant ) WRIT OF ATTACHMENT THE STATE OF NEW MEXICO TO:    The sheriff or a full-time, salaried deputy sheriff:

You are ordered to attach personal property of the defendant in this action having a value sufficient to satisfy the sum of                ($            ), with interest and costs, wherever the same may be found in the county, safely to keep the property to satisfy any judgment that might be recovered by the plaintiff in this action, and to make return of this writ to me on                 , 19     , presenting with your return a copy of your inventory of property attached.

Dated                 , 19        Magistrate”