How long you have in New Mexico
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.
| Kind of claim | Agreement | Window | Counted from | Rule |
|---|---|---|---|---|
| Unpaid Invoice | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Unpaid Loan | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Contractor Dispute | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Auto Repair | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Security Deposit | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Other | In writing | 6 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-3 |
| Unpaid Invoice | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Unpaid Loan | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Contractor Dispute | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Auto Repair | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Security Deposit | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Other | Spoken or by conduct | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §37-1-4 |
| Property Damage | Either | 4 years | the day the damage happened | NMSA 1978 §37-1-4 |
| Sale of Goods | Either | 4 years | the day the payment was missed or the agreement was broken | NMSA 1978 §55-2-725(1) |
Worked example
If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 6 years runs out on 2032-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.
More about New Mexico
Common questions
- 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.
- How long do you have on a property damage claim in New Mexico?
- 4 years, counted from the day the damage happened, under NMSA 1978 §37-1-4.
- How long do you have on a sale of goods claim in New Mexico?
- 4 years, counted from the day the payment was missed or the agreement was broken, under NMSA 1978 §55-2-725(1).
- 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.
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 §37-1-3 · effective 2024-01-01 · A claim on a written agreement must be filed within six years of when it was broken.
- 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.
- NMSA 1978 §55-2-725(1) · effective 2024-01-01 · A claim about a sale of goods must be filed within four years of the breach.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.