New Mexico Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in New Mexico: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for New Mexico
- Small claims limit
- $10,000 in magistrate courts and the Bernalillo County Metropolitan Court, for tort, contract and landlord-tenant cases. These courts cannot hear domestic relations, malicious prosecution, libel or slander, land title or boundary disputes, specific performance of land sales, injunctions or extraordinary writs. NMSA 1978, § 35-3-3(A); Metropolitan Court pamphlet SH-101 (rev. 9/1/24)
- Filing fee
- $77 to file a civil complaint in Metropolitan Court. A jury request adds a $25 non-refundable jury fee and a $75 jury deposit. Sheriffs and private process servers charge their own service fees. Bernalillo County Metropolitan Court, Fees, Costs & Filing; pamphlet SH-101
- Are lawyers allowed?
- Yes. Parties may represent themselves or hire an attorney; some business entities must use an attorney. Metropolitan Court pamphlet SH-101
- Appeals
- Metropolitan Court: in civil cases other than landlord-tenant, any party may appeal to the New Mexico Court of Appeals by filing a notice of appeal with the Metropolitan Court within 30 days after the final judgment is entered; a docketing statement is then due in the Court of Appeals within 30 days. In landlord-tenant cases, the appeal goes to the Second Judicial District Court within 15 days of the judgment for restitution. The judgment can still be enforced during an appeal unless the losing party posts an appeal bond set by the judge. Metropolitan Court pamphlet SH-106 (rev. 3/26); Rule 3-706 NMRA
Court: Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque); New Mexico has no separate small claims court. Last verified: 2026-10-24.
How to file a small claims case in New Mexico
- Confirm your claim is $10,000 or less and is a type magistrate or Metropolitan Court can hear.
- Fill out the Civil Complaint form with both parties' names and physical addresses, the amount claimed and a brief description; request a jury now if you want one.
- File it with the magistrate court for the county, or the Metropolitan Court in Bernalillo County, and pay the filing fee ($77 in Metropolitan Court).
- Have the sheriff, a private process server or another adult non-party serve the service packet, and file the return of service.
- If you are the defendant, file an answer within 20 days of service, or a default judgment may be entered.
- Exchange witness and exhibit lists before trial, consider mediation, and present your case to the judge or jury.
- A party who loses may file a notice of appeal within the deadline (30 days in Metropolitan Court civil cases; 15 days for landlord-tenant restitution judgments).
- If you win and are not paid, apply for a writ of execution or writ of garnishment.
Can you use small claims court?
| Small claims limit | $10,000 in magistrate courts and the Bernalillo County Metropolitan Court, for tort, contract and landlord-tenant cases. These courts cannot hear domestic relations, malicious prosecution, libel or slander, land title or boundary disputes, specific performance of land sales, injunctions or extraordinary writs. The New Mexico Courts site lists magistrate and Metropolitan Court civil jurisdiction as $0-10,000: https://www.nmcourts.gov/ |
|---|---|
| Who can file | A person at least 18 (or a guardian, next friend or parent of a minor) or a business entity. A corporation or limited liability company may be required by law to hire an attorney. |
| Are lawyers allowed? | Yes. Parties may represent themselves or hire an attorney; some business entities must use an attorney. |
Filing your case
| Where to file | Metropolitan Court hears a case only if the events happened in Bernalillo County, the defendant is served in New Mexico, and either the plaintiff or the defendant lives in Bernalillo County. Outside Bernalillo County, file in the magistrate court for the county. Magistrate court venue rules were not confirmed. |
|---|---|
| Official forms | New Mexico small civil claims are heard in magistrate courts and, in Bernalillo County, the Metropolitan Court. The Metropolitan Court's Self-Help Center lists the forms to start a case: Civil Complaint (CV-001, form 4-202), Civil Complaint for Debt Collection (CV-234, form 4-226), Civil Complaint for Medical Debt (CV-241, form 4-226A), Civil Complaint for Unpaid Wages (form 4-201), Civil Complaint by Resident for Return of Deposit, and the Civil Summons (CV-79, form 4-204) used to serve the defendant. All forms are in the court's forms library. Self-Help Center: 505-841-9817. Forms library: https://metro.nmcourts.gov/forms-library/ |
| Filing fee | $77 to file a civil complaint in Metropolitan Court. A jury request adds a $25 non-refundable jury fee and a $75 jury deposit. Sheriffs and private process servers charge their own service fees. |
| Filing online | Self-represented parties in Metropolitan Court may file civil pleadings by email to metrocivilpleadings@nmcourts.gov or by fax, with a copy sent to the other party. New complaints are filed at the courthouse customer service counter. |
| Serving the defendant | The clerk prepares a service packet (complaint, summons and answer form). The plaintiff may not deliver it; the sheriff, a private process server, or any adult who is not a party must serve it by personal delivery, by posting on the defendant's front door and mailing a copy, or by leaving it with a household member 15 or older. A business is served through its registered agent, an officer, manager or person in charge. The return of service must be filed with the court. |
Before and at the hearing
| When the hearing happens | No set date at filing. After an answer, the parties prepare for trial or mediate; before trial the plaintiff must give a witness and exhibit list at least 20 days before trial, and the defendant at least 15 days before. A case with no action for 6 months is dismissed. |
|---|---|
| Does the defendant file an answer? | Yes. The defendant must file an answer within 20 days after being served, or the plaintiff may ask for a default judgment without a hearing. |
| Mediation | Available. After an answer is filed, the parties may mediate their dispute; the Metropolitan Court provides a mediation pamphlet and a stipulation of dismissal form for mediated settlements. |
| Jury trial | Yes. Either party may request a jury: the plaintiff when filing the complaint and the defendant when filing the answer, with a $25 jury fee and a $75 jury deposit in Metropolitan Court. |
| Interpreters | The Judiciary's Language Access Services program serves people who need an interpreter, and the Metropolitan Court offers a Request for an Interpreter form (English/Spanish). Request form: https://metro.nmcourts.gov/self-representation/self-help-center/ |
After the decision
| Appeals | Metropolitan Court: in civil cases other than landlord-tenant, any party may appeal to the New Mexico Court of Appeals by filing a notice of appeal with the Metropolitan Court within 30 days after the final judgment is entered; a docketing statement is then due in the Court of Appeals within 30 days. In landlord-tenant cases, the appeal goes to the Second Judicial District Court within 15 days of the judgment for restitution. The judgment can still be enforced during an appeal unless the losing party posts an appeal bond set by the judge. Appeals from magistrate courts outside Bernalillo County follow the magistrate court rules (notice of appeal form 4-707). |
|---|---|
| Collecting your judgment | The winner may apply for a writ of execution, directing law enforcement to seize property, or a writ of garnishment of wages or other money held by a third party. The debtor receives notice of the right to claim exemptions. Statewide forms: https://nmcourts.gov/forms-files/civil |
Deadline to sue
6 years for a written lease or other written contract; 4 years for an oral (unwritten) lease. NMSA 1978, §§ 37-1-3(A), 37-1-4
Official forms and help
Suing a landlord or tenant in New Mexico
The Metropolitan Court lists landlord-tenant disputes as a common civil case type, and magistrate and Metropolitan Courts hear landlord-tenant cases up to $10,000. Appeals of eviction (restitution) judgments from Metropolitan Court go to the Second Judicial District Court within 15 days.
- New Mexico security deposit demand letter (send before you sue)
- New Mexico security deposit law
- Tenant lawyers and free legal aid in New Mexico
New Mexico small claims FAQ
What is the small claims limit in New Mexico?
$10,000 in magistrate courts and the Bernalillo County Metropolitan Court, for tort, contract and landlord-tenant cases. These courts cannot hear domestic relations, malicious prosecution, libel or slander, land title or boundary disputes, specific performance of land sales, injunctions or extraordinary writs.
Who can file a small claims case in New Mexico?
A person at least 18 (or a guardian, next friend or parent of a minor) or a business entity. A corporation or limited liability company may be required by law to hire an attorney.
Can you bring a lawyer to small claims court in New Mexico?
Yes. Parties may represent themselves or hire an attorney; some business entities must use an attorney.
Where do I file a small claims case in New Mexico?
Metropolitan Court hears a case only if the events happened in Bernalillo County, the defendant is served in New Mexico, and either the plaintiff or the defendant lives in Bernalillo County. Outside Bernalillo County, file in the magistrate court for the county.
How much does it cost to file in small claims court in New Mexico?
$77 to file a civil complaint in Metropolitan Court. A jury request adds a $25 non-refundable jury fee and a $75 jury deposit. Sheriffs and private process servers charge their own service fees.
How do I serve the other side in a New Mexico small claims case?
The clerk prepares a service packet (complaint, summons and answer form). The plaintiff may not deliver it; the sheriff, a private process server, or any adult who is not a party must serve it by personal delivery, by posting on the defendant's front door and mailing a copy, or by leaving it with a household member 15 or older. A business is served through its registered agent, an officer, manager or person in charge. The return of service must be filed with the court.
How long does a small claims case take in New Mexico?
No set date at filing. After an answer, the parties prepare for trial or mediate; before trial the plaintiff must give a witness and exhibit list at least 20 days before trial, and the defendant at least 15 days before. A case with no action for 6 months is dismissed.
Does a defendant have to file an answer in New Mexico small claims court?
Yes. The defendant must file an answer within 20 days after being served, or the plaintiff may ask for a default judgment without a hearing.
Is there a jury in New Mexico small claims court?
Yes. Either party may request a jury: the plaintiff when filing the complaint and the defendant when filing the answer, with a $25 jury fee and a $75 jury deposit in Metropolitan Court.
Can you appeal a small claims decision in New Mexico?
Metropolitan Court: in civil cases other than landlord-tenant, any party may appeal to the New Mexico Court of Appeals by filing a notice of appeal with the Metropolitan Court within 30 days after the final judgment is entered; a docketing statement is then due in the Court of Appeals within 30 days. In landlord-tenant cases, the appeal goes to the Second Judicial District Court within 15 days of the judgment for restitution. The judgment can still be enforced during an appeal unless the losing party posts an appeal bond set by the judge.
How do I collect a small claims judgment in New Mexico?
The winner may apply for a writ of execution, directing law enforcement to seize property, or a writ of garnishment of wages or other money held by a third party. The debtor receives notice of the right to claim exemptions.
Is mediation required in New Mexico small claims court?
Available. After an answer is filed, the parties may mediate their dispute; the Metropolitan Court provides a mediation pamphlet and a stipulation of dismissal form for mediated settlements.
Can I file a small claims case online in New Mexico?
Self-represented parties in Metropolitan Court may file civil pleadings by email to metrocivilpleadings@nmcourts.gov or by fax, with a copy sent to the other party. New complaints are filed at the courthouse customer service counter.
Can I get an interpreter in New Mexico small claims court?
The Judiciary's Language Access Services program serves people who need an interpreter, and the Metropolitan Court offers a Request for an Interpreter form (English/Spanish).
Where can I get small claims court forms in New Mexico?
New Mexico small civil claims are heard in magistrate courts and, in Bernalillo County, the Metropolitan Court. The Metropolitan Court's Self-Help Center lists the forms to start a case: Civil Complaint (CV-001, form 4-202), Civil Complaint for Debt Collection (CV-234, form 4-226), Civil Complaint for Medical Debt (CV-241, form 4-226A), Civil Complaint for Unpaid Wages (form 4-201), Civil Complaint by Resident for Return of Deposit, and the Civil Summons (CV-79, form 4-204) used to serve the defendant. All forms are in the court's forms library. Self-Help Center: 505-841-9817.
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