Small Claims Limits
General information from official sources, not legal advice. Rules change. Check with the court before you file.

All states

Small claims court in New Mexico

$10,000maximum claim in Magistrate court, as of 29 October 2026

The basics

Small claims limit
$10,0001,2N.M. Stat. 35-3-3(A)

Magistrate court hears civil cases where the amount claimed is $10,000 or less, not counting interest and costs.

Court
Magistrate court1,2N.M. Stat. 35-3-3

Small civil claims are heard in magistrate court. Magistrate court cannot hear some cases, such as libel or slander, land title disputes and family law matters.

Filing fee
$721N.M. Stat. 35-6-1(A), (D)

The docket fee for a civil case is $72, collected before the case is docketed. A party who asks for a jury pays $25. Metropolitan court may add a mediation fee of up to $5 for small claims.

Lawyers
Yes3NMRA Rule 2-107

Any party may appear through a lawyer. Individuals may represent themselves. Companies may appear without a lawyer only in limited cases, such as a closely held company through an authorized owner or member, and collection agencies must use a lawyer.

Appeals
15 days1,3N.M. Stat. 35-13-1, 35-13-2(A), NMRA Rule 2-705(A)

A party may appeal to the district court within 15 days after the judgment or final order is filed in magistrate court. The case is heard again from the start in district court.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract
6 years4N.M. Stat. 37-1-3(A)

6 years for a written contract, promissory note or bond.

Oral contract
4 years4N.M. Stat. 37-1-4

4 years for accounts and unwritten contracts.

Property damage
4 years4N.M. Stat. 37-1-4

4 years for injuries to property and conversion of personal property.

Personal injury
3 years4N.M. Stat. 37-1-8

3 years for injury to the person.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

  1. NMSA 1978, Chapter 35, Magistrate and Municipal Courts, New Mexico Compilation Commission (NMOneSource), 2025-07official
  2. How to File a Civil Lawsuit (magistrate court pamphlet, revised 03/10), New Mexico Courts, 2010-03official
  3. NMRA Rule Set 2, Rules of Civil Procedure for the Magistrate Courts, New Mexico Compilation Commission (NMOneSource), 2025-12official
  4. NMSA 1978, Chapter 37, Limitation of Actions, New Mexico Compilation Commission (NMOneSource), 2025-07official

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.