New Mexico Small Claims Court
Owed money in New Mexico? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
New Mexico small claims · as of 2026
- Maximum claim
- $10,000
- Court
- Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque)
- Filing fee
- $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide
- Lawyers at the hearing
- Allowed but not required; parties may self-represent and there is no small-claims attorney bar
Source: NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) · verify ↗. Limits and fees change — confirm with the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) clerk before filing.
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How to file in New Mexico — the short version
- Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
- File with the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) where the defendant lives or the dispute happened. Fee: $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide.
- Serve the defendant the way New Mexico rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
- Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
- Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.
Check the current New Mexico small claims rules before filing.
Frequently asked questions
How much can I sue for in New Mexico small claims court?
The limit is $10,000 (as of 2026). New Mexico has no separately named statewide 'small claims court.' Magistrate Courts hear civil actions — contract, tort, landlord/tenant — up to $10,000 exclusive of interest and costs (NMSA 1978 § 35-3-3). In Bernalillo County (Albuquerque) the Metropolitan Court fills this role with the same $10,000 civil cap (NMSA § 34-8A-3). Source: NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court). If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.
Where do I file?
In New Mexico, small claims cases are heard by the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide. Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.
Can I bring a lawyer?
In New Mexico: Allowed but not required; parties may self-represent and there is no small-claims attorney bar. Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.
What happens if I win but they don't pay?
A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on New Mexico law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.
How does New Mexico compare? See the small claims limits in all 50 states, every figure cited to statute.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗.
- Small claims limit
Small claims limit: $10,000, exactly the national median.
This is the most common figure nationally — shared by 15 other states.
Small claims limit in neighboring states — Arizona ($5,000), Colorado ($7,500), Oklahoma ($10,000), Texas ($20,000), Utah ($20,000).
The rest of what New Mexico requires
The figures below are New Mexico's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Mexico page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases under 1 yr; no cap on longer) N.M. Stat. §47-8-18 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out N.M. Stat. §47-8-18 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days N.M. Stat. §47-8-18 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Notice to cure a lease violation · as of 2026
- 7 days N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Rental application fee · as of July 2026
- Capped at $50 screening fee (eff. 9/20/2025) New Mexico Legislature ↗
- Bill of sale notarization · as of 2026
- Not required New Mexico MVD (Form MVD-10009) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.M. Stat. §45-5B-105 (form §45-5B-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules NMSA 1978, § 53-19-2(O) (definition) ↗
- Recording a deed · as of 2026
- County Clerk · no witnesses NMSA 1978, § 14-8-4 ↗
Small claims guide in other states
More New Mexico legal forms
Different state? See small claims rules by state →