How to Stay a Sheriff Lockout During an Eviction Appeal in New Mexico

Facing eviction can be stressful, especially when you've received notice that a sheriff may soon lock you out of your New Mexico home. Understanding your rights and the process for staying (delaying) a sheriff lockout through appeals can help protect you during this difficult time.

What Is a Sheriff Lockout?

After a court rules in favor of an eviction, the landlord may ask the court for a "writ of restitution"—an official order allowing the sheriff to remove a renter from the property. In New Mexico, sheriffs carry out these lockouts based on the court's order.

Your Right to Appeal an Eviction Judgment

If you believe the court's decision to evict you was wrong—due to legal mistakes, lack of evidence, or other reasons—you have the right to file an appeal. An appeal is a request to a higher court to review your eviction case. New Mexico law gives renters a short window (often within 15 days of the judgment) to file an appeal.

Staying the Lockout: How the Process Works

Just filing an appeal does not automatically stop the sheriff from locking you out. For most eviction cases, you must also request a "stay of execution" of the writ of restitution—a court order that pauses the eviction while your appeal is considered.

Key Steps to Stay a Sheriff Lockout in New Mexico

• File your appeal promptly: Submit your notice of appeal to the court within the required time frame (often 15 days from the judgment date).
• Request a stay of execution: File an official motion with the court asking to delay the sheriff lockout while your appeal is heard.
• Meet court requirements: The court may require you to post a "bond" (money held by the court) or pay ongoing rent while the case is pending.
• Wait for the judge’s decision: The judge decides whether to grant the stay. If granted, the sheriff cannot lock you out until the appeal is resolved (unless you violate the stay conditions).

It's important to follow the process precisely, as missing deadlines or filing incomplete paperwork can result in losing your right to stay in your home while the appeal is heard.

Official Forms Used for Appeals and Stays

• Notice of Appeal (Form 4-705)
  When to use: File this form within 15 days of your eviction judgment if you want the District Court to review your case. For example, if the judge ruled against you at your eviction hearing, submit this form to begin your appeal.
  Download the Notice of Appeal (Form 4-705)
• Motion for Stay of Execution (no official statewide number)
  When to use: After filing your appeal, use this motion to ask the court to pause (stay) the eviction order (writ of restitution) until the appeal is decided. You can find a sample form or guidance by asking the court clerk.
  View New Mexico Civil Forms Library
• Supersedeas Bond
  When to use: If the court grants a stay, you may be required to post a bond (money held by the court to cover rent or damages if you lose). The court will explain the amount and process.

The forms above pertain to magistrate and metropolitan courts. For district courts, procedures and forms may vary—contact the court clerk for help.

Which Tribunal Handles Eviction Appeals?

In New Mexico, landlord-tenant (eviction) cases usually begin in Magistrate Court, Metropolitan Court (in Bernalillo County), or District Court. For appeals, renters usually file in District Court. For official information, visit the New Mexico Courts website.

Relevant Tenancy Legislation in New Mexico

The New Mexico Uniform Owner-Resident Relations Act is the primary law covering renters’ rights and eviction processes in the state.^[1] It explains timelines, notice requirements, and legal procedures for both landlords and tenants.

Action Steps to Stay a Sheriff Lockout During Appeal

• Act fast—deadlines for filing appeals are short.
• Gather all relevant documents and eviction papers.
• Download and complete the Notice of Appeal form.
• Ask the court clerk about the process for requesting a stay of execution and obtaining a bond amount (if required).
• Clearly state in your motion why the stay is needed (example: family hardship, pending legal review).
• Submit all forms and payments promptly.
• Attend court hearings regarding the stay, if scheduled.

Summing up: File your appeal, request a stay, follow all instructions, and keep communicating with the court to ensure your right to remain in your home while the appeal is considered.

Frequently Asked Questions

1. Does filing an appeal automatically stop the sheriff lockout?
   No, you must also request a stay of execution from the court. Without a granted stay, the sheriff can proceed with the lockout even if your appeal is pending.
2. How soon do I need to file my notice of appeal in New Mexico?
   You typically have 15 days after the eviction judgment to file your notice of appeal, but check court paperwork or with the clerk for your specific deadline.
3. Can I be required to pay rent while my appeal is pending?
   Yes, often the court will require ongoing rent payments or a bond as a condition for staying the eviction during the appeal process.
4. Where do I find official court forms for appealing an eviction?
   Official forms can be found through the New Mexico Judicial Branch Civil Forms page, or by contacting your local court clerk.
5. What if I miss the deadline to file an appeal?
   If you miss the deadline, you may lose your right to appeal and stay the lockout. In emergencies, contact legal aid immediately for advice.

Key Takeaways

• You have the right to appeal an eviction judgment in New Mexico, but act quickly.
• Requesting a stay of execution is essential to delay a sheriff lockout during appeal.
• Use the proper forms and follow court instructions closely to protect your rights.

Need Help? Resources for Renters

• New Mexico Courts – Find your local court and information on case status, forms, and deadlines.
• New Mexico Legal Aid – Free legal assistance for low-income renters in eviction or housing disputes.
• New Mexico Uniform Owner-Resident Relations Act – The main landlord-tenant law for your rights and obligations.
• Court clerks – Your local court clerk can help explain filing requirements and where to get forms.

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1. New Mexico Uniform Owner-Resident Relations Act
2. New Mexico Courts – Official Website
3. New Mexico Official Civil Forms Library

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