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New Mexico Small Claims Court

Magistrate Court (Metropolitan Court in Bernalillo County), for claims up to $10,000.

Last checked November 1, 2026

The most you can ask for$10,000
LawyersLawyers allowed
Time to sue on a contract6 years
Good to know

New Mexico has no separate small claims court. Ordinary civil cases up to $10,000, not counting interest and costs, go to Magistrate Court, or to Metropolitan Court in Bernalillo County. These courts can't hear libel, slander, land title or boundary disputes, or family cases.

Lawyers: You don't need a lawyer, but a corporation or LLC may be required to have one.

How it works in New Mexico

  1. Check that your claim is $10,000 or less and is a type these courts can hear.
  2. File in the county where you live, where the defendant lives, or where the events happened.
  3. Fill out a Civil Complaint with both parties' names and addresses, the amount, and a short description of the claim.
  4. File it with the court clerk and pay the $77 fee. Ask for a jury now if you want one.
  5. Have the complaint, summons and answer form served on the defendant in New Mexico.
  6. Go to trial with your documents and witnesses.

What it costs

$77 ($72 docket fee plus $5 mediation fee). A jury costs another $25 fee and $75 deposit.

How long you have to sue

Written contract6 years
Spoken agreement4 years
Damage to property4 years
Personal injury3 years

NMSA 1978, §§ 37-1-3, 37-1-4, 37-1-8. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Magistrate Court judgments can be appealed to District Court within 15 days for a new trial; Metropolitan Court civil judgments go to the Court of Appeals within 30 days, except landlord-tenant cases (District Court, 15 days).

No change to the $10,000 limit found. It was last raised in 2001 (§ 35-3-3 annotations). Metro Court's appeal pamphlet was revised 6 April 2026. It sends ordinary civil appeals to the Court of Appeals, which matches § 34-8A-6.

Sources

Cities in New Mexico

New MexicoAlbuquerqueBernalillo County Metropolitan Court (civil)

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General information to help you get organized, last checked November 1, 2026. It isn't legal advice, and SueYou isn't a law firm. Laws change and every case is different, so confirm anything important with a lawyer or the court. No lawyer has reviewed this page yet.