N.M. Stat. Ann. § 35-10-6
Forcible entry or detainer; form of execution.
Operative Text
35-10-6. Forcible entry or detainer; form of execution.
Executions in civil actions for forcible entry or detainer in the magistrate court shall
be in substantially the following form:
"STATE OF NEW MEXICO
____________ MAGISTRATE DISTRICT, DIVISION _______
)
(Name), Plaintiff
)
v. ) CIVIL DOCKET NO. ________
)
(Name), Defendant )
EXECUTION IN FORCIBLE ENTRY OR DETAINER
THE STATE OF NEW MEXICO
To: The sheriff or a full-time, salaried deputy sheriff:
Judgment having been entered for the plaintiff in this action, you are ordered to
cause the defendant forthwith to be removed from the premises at: (describe premises
as in the judgment) ____________ the plaintiff to have possession thereof, and that you
levy against the personal property of the defendant, wherever the same may be found in
the county, the sum of ___________ ($ ______) and your fees hereon, and that you
return this writ to me within twenty days.
________________________________
Dated _________, 19 ___
Magistrate"
History: 1953 Comp., § 36-12-5, enacted by Laws 1968, ch. 62, § 126.
ARTICLE 11
Magistrate Court; ReplevinSection 35-10-6 of New Mexico's magistrate court statutes establishes the official template that courts must use when issuing an execution order in a forcible entry or detainer (eviction) case. Once a judgment has been entered for the plaintiff, this writ directs a sheriff or full-time salaried deputy sheriff to remove the defendant from the described premises and restore possession to the plaintiff. The writ also authorizes the officer to levy against the defendant's personal property within the county to satisfy any monetary judgment and fees, and requires the writ to be returned within twenty days.
Plain English — not legal advice.
Under NMSA § 35-10-6, after a magistrate court enters judgment in a landlord's favor in a forcible entry or detainer action, the court issues a standardized execution writ directing law enforcement to carry out the removal. Compliant operators generally work through the court process and coordinate with the sheriff's office rather than attempting self-help removal of a tenant. Retaining documentation of the judgment and the writ's service is a common practice for property owners navigating this stage of the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 35-10-6 governs the specific form of the court order that authorizes a sheriff or deputy sheriff to physically remove a tenant after a magistrate court judgment has been entered against them. Tenants should be aware that only a properly issued writ in this statutory form — served by law enforcement — constitutes a lawful execution of an eviction judgment; a landlord acting without such a writ may be acting outside the law. Tenants facing a writ of execution may wish to consult a tenant-rights organization or legal aid provider to understand whether any defenses or appeals remain available under New Mexico law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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