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New Mexico Small Claims Court Limits
New Mexico small claims court limit is $10,000 for all plaintiffs. Cases are heard in Magistrate Court.
Court Name: Magistrate Court
Official Website: https://metro.nmcourts.gov/self-representation/self-help-center/
Filing Fees in New Mexico
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $35-65 |
Filing fees vary by county. Additional fees for service of process.
Serving the Defendant
Service must be completed at least 10 days before the hearing date.
Allowed Service Methods:
- Personal service by sheriff
- Certified mail with return receipt
- Process server
Important: You must serve the defendant at least 10 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
Attorneys Allowed: Attorneys are permitted in New Mexico Magistrate Court but most parties represent themselves.
Appeals
Either party may appeal to District Court within 15 days.
New Mexico Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to demonstrate good faith before filing suit.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in New Mexico?
The New Mexico small claims court limit is $10,000 for all plaintiffs, handled by Magistrate Court.
What is small claims court called in New Mexico?
In New Mexico, small claims cases are heard in Magistrate Court.
How long do I have to sue for breach of contract in New Mexico?
In New Mexico, you have 6 years for written contracts and 4 years for oral contracts from the date of breach.
How do I appeal a New Mexico small claims judgment?
Either party may appeal to District Court within 15 days of the judgment.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup