Small claims court in New Mexico (2026)

New Mexico small claims at a glance

Most you can sue for

$10,000

Court

Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque)

Filing fee

$77

Lawyers

Allowed

Appeal

Either side, 15 days

Ask for payment first

Not required by law

Can you sue in New Mexico small claims?

Enter the amount and the date it happened. Nothing you type leaves your browser.

Where to file and how much

• Court. New Mexico has no separate small claims court; the Magistrate Court acts as the small claims court, and in Bernalillo County the Metropolitan Court's Civil Division does. File in the county where the plaintiff lives, where the defendant lives, or where the events happened; the defendant must be served in New Mexico.
• Limit. Civil claims up to $10,000 in both Magistrate Court and Metropolitan Court. The court cannot hear claims over $10,000, or cases on domestic relations, libel or slander, malicious prosecution, title to land, or injunctions.
• Filing fee. The fee to file a Civil Complaint is $77 in Magistrate Court and in Bernalillo County Metropolitan Court. A jury request adds a $25 non-refundable jury fee and a $75 jury deposit. Service by sheriff or process server costs extra.

Who can sue and who can speak in court

• Individuals 18 or older may represent themselves or use a lawyer; a parent, guardian or next friend sues for a minor. A corporation or LLC generally must use a lawyer, except a closely held one whose sole or closely knit natural-person shareholders authorize an officer, director, general manager or shareholder to appear (Form 4-403). Collection agencies may sue on assigned claims in their own name, but only through a licensed attorney (NMSA 61-18-54.1).
• A corporation or LLC must appear through a lawyer in New Mexico small claims.
• Before you file. The court pamphlet does not require a demand for payment before filing.
• Jury and moving the case. Either party may request a six-person jury: the plaintiff when filing the complaint, the defendant when filing the answer. Otherwise the jury is waived. A jury request costs a $25 fee plus a $75 deposit.

How long you have to sue in New Mexico

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contracts: 6 years. Unwritten contracts and other actions not otherwise specified, including injuries to property: 4 years. Negligence and personal injury: 3 years.

Law: NMSA 1978, 37-1-3(A) (written), 37-1-4 (unwritten, property, other), 37-1-8 (injury), as applied in Rance v. L.J. Dolloff Associates, 2006-NMCA-012

After the hearing: appeals and collecting

Who can appeal

Either side can appeal.

Kind of appeal

Depends on the court — see below

Deadline

Magistrate Court: a party aggrieved by the civil judgment may appeal to the district court of the county by filing a notice of appeal in the district court within 15 days after the judgment or final order is filed in the magistrate court clerk's office (the 3-day mailing period does not apply); the district court hears a trial de novo and any party may demand a jury. Bernalillo County Metropolitan Court: in civil cases other than landlord-tenant, an appeal goes to the NM Court of Appeals by filing a notice of appeal with the Metropolitan Court within 30 days from the date the final order or judgment is filed; landlord-tenant appeals go to the district court within 15 days. Rule 1-073 (Metro on-record appeals to district court) was withdrawn for cases filed on or after Dec. 31, 2025.

Collecting the money

The judgment creditor, not the court, must collect, and may start once the judgment is filed: by agreement, by a writ of execution (after serving a notice of right to claim exemptions, the sheriff seizes and sells non-exempt property), or by a writ of garnishment of wages or bank accounts (a writ of execution generally must be pursued first). A transcript of judgment recorded with the county clerk is a lien on the debtor's real estate. An action founded on a New Mexico court judgment may be brought within 14 years from the date of the judgment.

Good to know in New Mexico

• Each party may excuse one assigned judge within 10 days (plaintiff after filing, defendant after answering).
• The plaintiff may not personally serve the defendant; use the sheriff, a private process server, or an adult non-party, or service by mail with acknowledgment.
• Punitive damages may be sought only if compensatory damages are awarded.
• Some court payment counters do not accept personal checks.

Official help and forms

• New Mexico courts: small claims self-help
• New Mexico small claims forms
• Write a demand letter before you file (free, stays in your browser)

Sources

• NM Magistrate Court - How to File a Lawsuit pamphlet (CV-ADMIN-1070, rev. 07/2023) (read October 18, 2026)
• Bernalillo County Metropolitan Court - Fees, Costs, Filing (read October 18, 2026)
• Rule 1-072 NMRA - Appeal from magistrate and metropolitan courts in trial de novo cases (read October 18, 2026)
• Withdrawn Rule 1-073 NMRA (read October 18, 2026)
• Form 4-403 NMRA - Appearance by corporation or LLC (read October 18, 2026)
• NM Attorney General Opinion No. 87-24 (collection agencies must sue through an attorney) (read October 18, 2026)
• Rance v. L.J. Dolloff Associates, 2006-NMCA-012 (limitations periods) (read October 18, 2026)
• Bernalillo County Metropolitan Court pamphlet SH-106, What is an Appeal? (rev. 3/26) (read October 18, 2026)
• NMSA 1978, ch. 37 (incl. 37-1-2 Judgments, 14 years) (read October 18, 2026)
• Bernalillo County Metropolitan Court pamphlet SH-108, Collection of a Judgment (rev. 7/2023) (read October 18, 2026)

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.