Small claims in New Mexico
The court
- Magistrate Court, Civil Division
- New Mexico's magistrate court (metropolitan court in Bernalillo County) in the county where the other side lives or the dispute happened.
The most you can claim
| Claiming as | Most you can claim | Rule |
|---|---|---|
| An individual | $10,000 | NMSA 1978 §35-3-3 |
| A business | $10,000 | NMSA 1978 §35-3-3 |
| A public agency | $10,000 | NMSA 1978 §35-3-3 |
What it costs to file
The fee runs from $72 to $72, set by the size of the claim.
NMSA 1978 §35-6-1(A) · The docket fee for a civil case in magistrate court is $72, collected before the case is docketed.
How long you have
The shortest window in this state is 4 years from the day the payment was missed or the agreement was broken.
NMSA 1978 §37-1-4 · A claim on a spoken agreement, or for damage to or taking of your property, must be filed within four years.
Also worth knowing
- A claim against a state or local government body usually needs written notice within 90 days of the event. NMSA 1978 §41-4-16
Does small claims fit your dispute in New Mexico?
Pick what it is about. The next screens ask the amount and the dates. Nothing is saved, and no account is needed.
The detail
- The limit
The limit is the most the court can award on one claim. It depends on who is claiming, and in some states on which court hears it.
- What it costs
The court charges this when you hand in the claim. It is separate from the amount you are claiming.
- How long you have
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
Common questions
- How much can you claim in small claims court in New Mexico?
- An individual can claim up to $10,000. A business can claim up to $10,000. A public agency can claim up to $10,000. That comes from NMSA 1978 §35-3-3.
- What does it cost to file a small claims claim in New Mexico?
- $72 for a claim up to $10,000. That comes from NMSA 1978 §35-6-1(A).
- How long do you have to bring a small claims claim in New Mexico?
- The shortest window is 4 years, counted from the day the payment was missed or the agreement was broken, under NMSA 1978 §37-1-4. Other kinds of claim run longer; the time-limit page lists each one.
- Do you have to ask for the money before filing in New Mexico?
- No, New Mexico does not require it, per New Mexico Courts, home page. Sending a demand letter first is still the usual first step, and it is often what gets the money paid.
- Which court handles small claims in New Mexico?
- Magistrate Court, Civil Division. New Mexico's magistrate court (metropolitan court in Bernalillo County) in the county where the other side lives or the dispute happened.
Verify with your court
Numbers change, and a court can post its own variation. Open New Mexico's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2024-07-01.
- NMSA 1978 §35-3-3 · effective 2024-01-01 · New Mexico's magistrate court hears money claims of up to $10,000, not counting interest and costs.
- NMSA 1978 §35-6-1(A) · effective 2024-07-01 · The docket fee for a civil case in magistrate court is $72, collected before the case is docketed.
- NMSA 1978 §37-1-4 · effective 2024-01-01 · A claim on a spoken agreement, or for damage to or taking of your property, must be filed within four years.
- New Mexico Courts, home page · effective 2026-09-05 · New Mexico does not require a written demand before filing a small claim. Asking first is still the usual first step.
- NMSA 1978 §41-4-16 · effective 2024-01-01 · A claim against a state or local government body must generally be presented in writing within 90 days of the event.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.