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New Mexico · Small claims guide · Updated Oct 2026

Get your money back in New Mexico small claims court

A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In New Mexico you can sue for up to $10,000 in the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque), without hiring a lawyer. Check your case below, then follow six steps.

$10,000Max you can sue for
$77Filing fee
OptionalLawyers allowed, not required
VariesTypical wait from filing to hearing

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    How to sue in New Mexico small claims, step by step

    1. Ask for payment in writing

      The court rules don't require a demand letter before you file, but asking for payment in writing first is a good idea. A short, dated demand letter is the best proof. Use the generator below and keep a copy.

    2. Pick the right court

      File in the county where you live, where the defendant lives, or where the problem happened. In Albuquerque and the rest of Bernalillo County, file at the Metropolitan Court.

    3. Fill in the claim Civil Complaint

      Civil Complaint (Magistrate / Metropolitan Court). The court sets a trial after the defendant answers; timing depends on the court. If the case sits for 6 months with no action, it can be dismissed.

    4. Pay the filing fee

      $77 to file a civil complaint in Magistrate Court or Metropolitan Court. A jury costs an extra $25 plus a $75 deposit. Service by the sheriff or a process server costs extra. If you can't afford it, ask for a fee waiver: Free Process (fee waiver) application, available from the court clerk.

    5. Have the papers served

      You cannot hand the papers over yourself. Use the sheriff, a private process server, or any adult who isn't part of the case. You can also mail the papers with an Acknowledgment of Service form; if it isn't signed and returned within about 23 days, you must use personal service. After being served, the defendant has 20 days to file a written Answer.

    6. Prepare for the hearing and collect

      Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. If they don't pay, you can ask for a writ of execution to seize property or a writ of garnishment for wages or a bank account.

    Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.

    Open the filing guide

    What's different in New Mexico

    Free demand letter

    Fill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.

    Your details stay in your browser. Nothing you type here is sent to our server.

    About you
    Who owes you
    Your demand

    Don't put your bank account number in the letter. A check or Zelle to your phone or email is enough.

    Deadlines to sue in New Mexico

    Miss this date and the court will dismiss your case, however strong it is. Fraud deadlines can start when the fraud is discovered.

    Type of claimDeadline
    Broken written contract (lease, invoice, signed agreement)6 years
    Broken verbal agreement4 years
    Damaged property4 years
    Personal injury3 years
    Fraud4 years
    Libel or slander3 years
    Claims against a government agencyTo sue a New Mexico state or local government body for injury or damage, you usually must give it written notice within 90 days.

    Common questions

    Can I bring a lawyer?

    Yes. You can bring a lawyer or represent yourself. Corporations and LLCs may be required by law to use a lawyer.

    What if I'm owed more than $10,000?

    New Mexico has no separate small claims court. Civil cases up to $10,000 go to the Magistrate Court in each county, or to the Metropolitan Court in Bernalillo County. Businesses have the same limit. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.

    Can I appeal if I lose?

    Either side can appeal within 15 days after the judgment is filed. The appeal goes to the District Court in the same county, and the case is tried again from scratch.

    Can I get an interpreter?

    Ask the court clerk for an interpreter well before your hearing. New Mexico courts provide court interpreters.

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