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