District Court: SECOND
400 Lomas Blvd. NW
Room 119, 1st Floor
Albuquerque, NM 87102
Court Telephone Number.: (505) 841-7451
Judge: Lopez, Victor S.
Plaintiff(s): UNITED POLY SYSTEMS, LLC,
Defendant(s): CLARENCE HIGGINS
Name: Clarence Higgins
Address: 11104 Alta Drive NW,
Albuquerque, New Mexico 87114
TO THE ABOVE NAMED DEFENDANT(S): Take notice that
1. A lawsuit has been filed against you. A copy of the lawsuit is attached. The Court issued this Summons.
2. You must respond to this lawsuit in writing. You must file your written response with the Court no later than thirty (30) days from the date you are served with this Summons.
(The date you are considered served with the Summons is determined by Rule 1-004 NMRA)
The Court’s address is listed above.
3. You must file (in person or by mail) your written response with the Court. When you file your response, you must give or mail a copy to the person who signed the lawsuit.
4. If you do not respond in writing, the Court may enter judgment against you as requested in the lawsuit.
5. You are entitled to a jury trial in most types of lawsuits. To ask for a jury trial, you must request one in writing and pay a jury fee.
6. If you need an interpreter, you must ask for one in writing.
7. You may wish to consult a lawyer. You may contact the State Bar of New Mexico for help finding a lawyer at www.nmbar.org; 1-800-876-6227; or 1-505-797-6066.
Dated at, New Mexico, this day of 1/25/2022,
SECOND JUDICIAL DISTRICT COURT
CLERK OF THE COURT
By: /s/ Luke Tessman
Attorney for Plaintiff or
Plaintiff pro se
Name: Brian J. Wagner, KUTAK ROCK LLP
Address: 5 Park Plaza, Suite 1500, Irvine, CA 92614-8595
Telephone No.: (949) 417-0999
Fax No.: (949) 417-5395
Email Address: [email protected]
THIS SUMMONS IS ISSUED PURSUANT TO RULE 1-004 NMRA OF THE NEW MEXICO RULES OF CIVIL PROCEDURE FOR DISTRICT COURTS.
STATE OF NEW MEXICO )
COUNTY OF __ )
I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in ____ county on the day of ___, ___ , by delivering a copy of this summons, with a copy of complaint attached, in the following manner:
(check one box and fill in appropriate blanks)
[ ] to the defendant (used when defendant accepts a copy of summons and complaint or refuses to accept the summons and complaint)
[ ] to the defendant by [mail] [courier service] as provided by Rule 1-004 NMRA (used when service is by mail or commercial courier service).
After attempting to serve the summons and complaint on the defendant by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of complaint attached, in the following manner:
[ ] to___, a person over fifteen (15) years of age and residing at the usual place of abode of defendant ___, (used when the defendant is not presently at place of abode) and by mailing by first class mail to the defendant at ____ (insert defendant’s last known mailing address) a copy of the summons
[ ] to ___, the person apparently in charge at the actual place of business or employment of the defendant and by mailing by first class mail to the defendant at ____(insert defendant ’s business address) and by mailing the summons and complaint by first class mail to the defendant at ____(insert defendant’s last known mailing address).
[ ] to ___, an agent authorized to receive service of process for defendant ___
[ ] to _____ [parent] [guardian] [custodian] [conservator] [guardian ad litem] of defendant ____(used when defendant is a minor or an incompetent person).
[ ] to ____ (name of person), (title of person authorized to receive service. Use this alternative when the defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).
Signature of person making service
Title (if any)
Subscribed and sworn to before me this __ day of ___, ___.
Judge, notary or other officer
authorized to administer oaths
HCS Pub. May 27, June 3, 10, 2022