New Mexico Small Claims Court: $10,000 Limit, Fees and How to File

In New Mexico, small claims cases go to magistrate court, which hears civil cases of up to $10,000. Under NMSA 1978, § 35-3-3(A), "Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs." The $10,000 figure comes from a 2001 act (Senate Bill 584) that raised the earlier $7,500 limit.

New Mexico does not have a court called small claims court. The courts' own pamphlet puts it this way: "The Magistrate Court is a small claims court or a court of limited jurisdiction." In Bernalillo County, the Metropolitan Court fills that role with the same $10,000 cap. This guide walks through a New Mexico magistrate court civil case from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil cases in New Mexico magistrate courts under NMSA 1978, § 35-3-3, and the Bernalillo County Metropolitan Court's matching civil limit under § 34-8A-3, with the magistrate court civil rules (including Rules 2-201 and 2-705 NMRA) and the district court rule for de novo appeals (Rule 1-072 NMRA). It does not cover evictions, district court civil cases, or small claims in other states.

New Mexico small claims limit: $10,000

The courts' filing pamphlet is blunt: "The Court also CANNOT consider any case where the amount of money claimed by a party is more than $10,000." Our sources do not say whether you can split a larger claim or give up the excess to stay in magistrate court, so ask the clerk or a lawyer before filing if your losses are larger.

Some websites still give a $7,500 limit. That was the figure before the 2001 act raised it to $10,000.

A failed change to appeals. HB 102 (2024) would have made magistrate court a court of record with appeals going to the Court of Appeals. It passed the House 35 to 27 on February 10, 2024, but was postponed indefinitely in Senate Judiciary and died. It is not law.

What you can sue for and who can sue

Under NMSA 1978, § 35-3-3(C), magistrate courts cannot hear these cases, whatever the amount:

• Malicious prosecution, libel or slander.
• Actions against public officers for misconduct.
• Specific performance of a contract to sell land.
• Disputes over title to or the boundaries of land.
• Domestic relations matters.
• Injunctions, habeas corpus and other extraordinary writs.
• Matters that belong exclusively to another court.

According to the court's pamphlet, a plaintiff can be a person 18 or older, a parent of a minor, a guardian, a next friend, a trustee, an executor, or a business entity. A corporation must be sued in its corporate name.

Out-of-state defendants. The pamphlet warns that "the Magistrate Court only has jurisdiction over the Defendant if the Defendant is served (given notice of the lawsuit) in New Mexico."

Debt and medical debt cases. A creditor suing on a consumer debt must meet extra pleading requirements under Rules 2-201(E) and 2-401(D) NMRA and Form 4-226, and a medical debt claim also requires Form 4-226A and an Attestation of Indigency (Rule 2-201 NMRA, as approved October 31, 2025). If you are sued on a debt, check whether those documents were filed.

Every claim also has a filing deadline. Check the New Mexico statute of limitations for your type of claim. If your dispute is over a security deposit or repairs, New Mexico landlord-tenant laws explains the underlying rules.

Before you file

New Mexico does not require a demand letter or mediation before filing in magistrate court, in the sources we reviewed. The court's pamphlet notes that cases may settle "through mediation or other negotiations" before the pretrial stage. A written demand that you keep a copy of can settle the dispute and becomes evidence of what you asked for.

How much it costs

The Sixth Judicial District lists "Civil Cases $77.00" for magistrate courts, and the Doña Ana County pamphlet gives the same filing fee. Magistrate and metropolitan court costs are set statewide by NMSA 1978, § 35-6-1, which includes the $25 jury fee and says no other costs may be charged "except as otherwise provided by law." The $75 jury deposit comes from the Doña Ana County pamphlet, so confirm it, and the filing fee, with the court where you file. The Bernalillo County Metropolitan Court publishes its own fee schedule.

You also pay the sheriff or process server to serve the defendant. Our sources do not give that amount.

Fee waiver. "By order, the Court may grant free process or fee reduction to any party upon showing of indigency." Ask the clerk for the Application for Free Process.

Lawyers and business representation

Lawyers are allowed in magistrate court, and nothing in our sources bars them.

A business may need one. The court's pamphlet warns that a corporation or LLC "may be required by law to hire an attorney to represent the entity in a lawsuit." Rule 2-107 NMRA allows a narrow exception: a corporation or LLC whose voting shares or memberships are held by one person or a closely knit group, all of them individuals active in the business, may appear through one of those shareholders or members who has been authorized to appear. Form 4-403 is the sworn authorization used for this. A business that does not fit an exception in the rule should plan on hiring a lawyer.

Where to file

The court's pamphlet says you can file in a county where:

• the plaintiff lives,
• the defendant lives, or
• the action happened.

Serving the defendant

You cannot hand the papers to the defendant yourself. The pamphlet says: "The Plaintiff is prohibited by law from delivering the Service Packet to the Defendant." A sheriff, a private process server, or any person 18 or older who is not a party may serve.

There are two ways to serve an individual:

• By mail with acknowledgment. The server mails the papers with an acknowledgment of service form, two copies and a prepaid return envelope. If the signed acknowledgment does not come back within 20 days (plus 3 days for mailing), personal service is required.
• In person. The server delivers the papers to the defendant, leaves them at the defendant's home with a resident over 15, or posts them at the premises and also mails a copy.

A business is served through its registered agent, an officer or a managing agent, with a copy mailed. After service, the Return of Service must be filed with the court, or the case may be delayed or dismissed.

If you are the defendant

You have 20 days after service to file an answer. If you do not, the plaintiff may request a default judgment without a hearing. As the Federal Trade Commission warns, "Don't ignore a lawsuit, or you might lose the chance to fight a court order." Before any default judgment, federal law requires the court to have the plaintiff file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931).

Counterclaim. A counterclaim goes in your answer. In the pamphlet's words, "the damages claimed by the Defendant on the Counterclaim, Cross-Claim, and/or Third-Party Complaint cannot exceed $10,000 and must be the type of case that the Magistrate Court may consider." Our sources do not say what happens to a larger counterclaim; ask the clerk or a lawyer first.

Jury. Either party may demand a six-person jury, but the demand must be made with the complaint or the answer, or it is waived. Extra jury fees apply.

Setting aside a default. A defendant may ask the court to set aside a default judgment for a good reason "within thirty (30) days of the entry of the Default Judgment," according to the court's pamphlet.

The hearing

Magistrate court is not a relaxed-evidence court. The court's pamphlet says "the Rules of Civil Procedure for the Magistrate Courts and Rules of Evidence must be followed." That has a practical effect: written statements, repair estimates and police reports are generally hearsay unless the person who wrote them testifies. If a mechanic's estimate is central to your case, consider subpoenaing the mechanic.

Other rules from the court's Civil Pretrial/Trial Process pamphlet:

• Witness and exhibit lists. The plaintiff files them 20 days before trial; the defendant files them 15 days before trial.
• Subpoenas. The clerk issues witness subpoenas. You must pay the witness $95 plus mileage for each day; if you do not, the witness does not have to appear.
• Pretrial conference. Not every case gets one before trial.
• Judge. The judge is randomly assigned, and each party may excuse one judge within 10 days.
• Burden of proof. The plaintiff must prove the claim by the greater weight of the evidence.
• Inactive cases. If the plaintiff takes no action to bring the case to trial within 6 months of filing the complaint, the court may dismiss it for failure to prosecute.

Appeals go to district court for a new trial

Any party aggrieved by the judgment may appeal, as permitted by law, to the district court of the county where the magistrate court sits. The district court hears the case again from the start (trial de novo, as the title of Rule 1-072 NMRA puts it).

Deadline. Under the current rules, "The notice of appeal shall be filed in the district court within fifteen (15) days after the judgment or final order appealed from is filed in the magistrate or metropolitan court clerk's office" (Rule 2-705 NMRA; Rule 1-072 NMRA, as approved October 31, 2025). There is no extra 3 days for mailing. A cross-appeal is due within 10 days after service of the first notice of appeal or within the original 15 days, whichever is later. Some older guides say 30 days; the current rule says 15.

Cost and stay. Expect a district court docket fee ($132 in the Sixth Judicial District). To stop collection while the appeal is pending, the court may require you to deposit the judgment amount or post a supersedeas bond.

Collecting your judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you. Under the court's collection pamphlet, the creditor may begin collection immediately after the judgment is filed.

• Writ of execution. The sheriff can seize the debtor's personal property. First, the debtor must be served with a Notice of Right to Claim Exemptions and has 10 days to claim them. The sheriff then acts within 60 days. "A Magistrate Court Judgment cannot be executed against land or homes."
• Writ of garnishment. This reaches wages or money a third party, such as an employer or bank, owes the debtor. The pamphlet sets conditions tied to execution against the debtor's property that the creditor must meet first. The writ must be served on the garnishee within 30 days of issuance, and the garnishee answers within 20 days.
• Supplementary proceedings. The creditor can have the debtor questioned about assets and can subpoena records.
• Satisfaction. When the debt is paid in part or in full, the creditor should file a satisfaction of judgment; if the creditor does not, the debtor may file a motion.

New Mexico protects certain property and income from collection, and the court's pamphlet says those exemption amounts adjust every two years starting July 1, 2025. See New Mexico debt collection laws for the state exemptions. Federal law also protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)) and VA benefits from creditors' claims (38 U.S.C. § 5301(a)(1)).

Judgments earn interest from entry at 8.75% a year, unless the judgment is on a written instrument with a different rate (interest then no higher than that rate) or is based on tortious conduct, bad faith or intentional or willful acts (15%) (NMSA 1978, § 56-8-4(A)). An action on a New Mexico judgment must be brought within 14 years from the date of the judgment (NMSA 1978, § 37-1-2).

Forms and court help

The New Mexico courts publish plain-language pamphlets for each stage:

• How to File a Civil Lawsuit (magistrate court).
• How to Answer a Civil Lawsuit.
• Civil Pretrial/Trial Process.
• Collection of a Civil Judgment.

The magistrate court clerk has the complaint, answer, free process and collection forms.

Related

• Small claims court by state
• New Mexico statute of limitations
• New Mexico debt collection laws
• New Mexico landlord-tenant laws
• Arizona small claims court
• Texas small claims court

Disclaimer: This article provides general legal information about civil cases in New Mexico magistrate courts and the Bernalillo County Metropolitan Court under NMSA 1978, §§ 35-3-3 and 34-8A-3, and the New Mexico court rules, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your magistrate court clerk, a legal aid office, or a lawyer licensed in New Mexico.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in New Mexico?

$10,000, not counting interest and costs. Magistrate courts hear civil cases up to that amount under NMSA 1978, § 35-3-3(A), and the Bernalillo County Metropolitan Court has the same cap under § 34-8A-3.

Does New Mexico have a small claims court?

Not by that name. Magistrate courts, and the Metropolitan Court in Bernalillo County, handle civil claims of up to $10,000; the courts' own pamphlet calls magistrate court "a small claims court or a court of limited jurisdiction."

How much does it cost to file in New Mexico magistrate court?

The civil filing fee is $77 in the courts we checked (the Sixth Judicial District and Doña Ana County), but confirm with your court. The court may grant free process or a fee reduction on a showing of indigency.

Can I serve the defendant myself in New Mexico?

No. The plaintiff is prohibited from delivering the papers; a sheriff, a private process server or any non-party aged 18 or older must serve them.

How long does a defendant have to answer in New Mexico magistrate court?

20 days after service. If no answer is filed, the plaintiff may request a default judgment without a hearing, and any counterclaim (capped at $10,000) must be in the answer.

Does a business need a lawyer in New Mexico magistrate court?

Usually. Under Rule 2-107 NMRA, a corporation or LLC may appear without a lawyer only in narrow cases, mainly when it is closely held by individuals active in the business and one of those shareholders or members is authorized to appear (Form 4-403). Otherwise, plan on hiring a lawyer.

How long do I have to appeal a New Mexico magistrate court judgment?

15 days after the judgment is filed in the magistrate or metropolitan court clerk's office, with no extra days for mailing (Rule 2-705 NMRA; Rule 1-072 NMRA). The appeal is a new trial in district court.

Can a magistrate court judgment be collected from my house in New Mexico?

No. The court's collection pamphlet says a magistrate court judgment cannot be executed against land or homes; execution reaches personal property, and garnishment can reach wages or bank funds.