Statute of Limitations on Debt in New Mexico
How long a creditor or collector has to sue you over a debt in New Mexico, and whether a payment restarts the clock.
Short answer: 6 years for an action on a promissory note or other contract in writing. NMSA 1978, § 37-1-3(A)
| Time limit to sue on a written contract | 6 years for an action on a promissory note or other contract in writing. Source: NMSA 1978, § 37-1-3(A) |
|---|---|
| Time limit for credit cards and open accounts | 4 years for actions on accounts and unwritten contracts. Source: NMSA 1978, § 37-1-4 |
| Can a payment restart the clock? | Yes. A contract claim is revived by any partial or installment payment, or by a written, signed admission that the debt is unpaid or a written new promise to pay. The period then runs from the date of that payment, admission or promise. Source: NMSA 1978, § 37-1-16 |
Where to get help in New Mexico
- New Mexico Department of Justice, Consumer Protection; Regulation and Licensing Department, Financial Institutions Division (licenses collection agencies)
- File a complaint or claim
More New Mexico debt & collections
- Wage Garnishment in New Mexico
- How to Respond to a Debt Collection Lawsuit in New Mexico
- What Creditors Can't Take in New Mexico
- Medical Debt Protections in New Mexico
- All New Mexico debt & collections rules
FAQ
What is the statute of limitations on debt in New Mexico?
6 years for an action on a promissory note or other contract in writing.
How long can a creditor sue on a credit card debt in New Mexico?
4 years for actions on accounts and unwritten contracts.
Does making a payment restart the statute of limitations in New Mexico?
Yes. A contract claim is revived by any partial or installment payment, or by a written, signed admission that the debt is unpaid or a written new promise to pay. The period then runs from the date of that payment, admission or promise.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.