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How to ask for your eviction case to be dismissed Fill out forms. Fill out the following forms. Make copies of the form(s) Make 2 copies of the completed form(s). File the Request for Dismissal with the court. Serve the forms. File the Notice of Entry of Dismissal and Proof of Service.
An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term.
Draft an Answer. Pull the header information from the plaintiffs petition. Title your Answer Answer to Plaintiffs Petition/Complaint. Center this title and make it bold. Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiffs numbered allegations.
A petition for restitution in New Mexico is filed by an owner if a judgment is rendered against the defendant for restitution of premises. The owner must bring a copy of any written rental agreement to court for any hearing or trial on the petition.
A Writ of Restitution in real estate is a court order that allows a landlord to reclaim possession of a rental property after winning an eviction case against a tenant. It is typically issued after the landlord has obtained a judgment for eviction but the tenant has failed to vacate voluntarily.

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If the tenant does not move out after the general judgment, the landlord can obtain a notice of restitution. As stated above, this document allows the sheriff or other local law officer to remove the tenant from the property forcibly.

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