New Mexico Small Claims Playbook: Filing, Service, Hearing and Collecting
Quick answer: New Mexico has no separate small claims division. Small civil cases go to the county's Magistrate Court, or the Bernalillo County Metropolitan Court in Albuquerque, for claims up to $10,000. Filing costs $77. A jury is available on request, and you can appeal a Magistrate Court judgment within 15 days. Check your court's rules.
How small claims works in New Mexico
Outside Bernalillo County, small civil cases go to the county's Magistrate Court under one statewide set of Magistrate Court civil rules and one statewide fee. Bernalillo County (Albuquerque) uses the separate Bernalillo County Metropolitan Court, which has its own rules, self-help pamphlets and a fee schedule. New Mexico has no separate "small claims" division; both courts are described as "a small claims court or a court of limited jurisdiction".
Checked October 2026. Official sources are listed under Sources below.
Does small claims work the same everywhere in New Mexico?
- Bernalillo County: Metropolitan Court, 401 Lomas NW, Albuquerque. The Metro Court only hears a case if the events happened in Bernalillo County, the defendant is served in New Mexico, and either party lives in Bernalillo County.
- All other counties: Magistrate Court.
- Magistrate Court: a $72 docket fee plus a $5 magistrate fee, for $77 in all. Metro Court charges $77 to file a small claim: a $72 civil docket fee plus a $5 mediation fee. See below.
What is the small claims limit in New Mexico?
You can sue for up to $10,000 in magistrate court or in Bernalillo County Metropolitan Court. If a counterclaim is over the limit, it must be cut down before trial or it will be dismissed without prejudice.
- Excluded: domestic relations, malicious prosecution, libel/slander, land title or boundary disputes, specific performance for land sales, misconduct by public officers, restraining orders, habeas corpus, extraordinary writs, injunctions.
How much does it cost to file small claims in New Mexico?
Magistrate Court: a $72.00 civil docket fee plus a $5.00 magistrate fee, for $77.00 to file. Metro Court charges $77 to file a small claim: a $72 civil docket fee plus a $5 mediation fee.
| Item | Amount |
|---|---|
| Civil docket fee | $72.00 |
| Magistrate fee | $5.00 (Metro Court: $5 mediation fee, included in the $77) |
| Total to file | $77.00 |
| Jury fee (non-refundable) and jury deposit | Ask the clerk for the jury fee and deposit. |
| District court appeal filing fee | $132.00 |
Who can sue in New Mexico small claims?
- A person at least 18, or a guardian, "next friend" or parent of a minor; or a business entity.
- Individuals may appear for themselves; one spouse may appear for both for community property.
- Lawyers allowed. Each side may excuse one judge within 10 days (plaintiff after filing; defendant after answering).
Where do I file a small claim in New Mexico?
File in Magistrate Court, or in Metro Court if your case meets the Bernalillo County conditions.
- Magistrate Court: the county where the plaintiff lives, the defendant lives, or the events happened; and the defendant must be served in New Mexico.
- Metro Court: the events happened in Bernalillo County, the defendant is served in New Mexico, and either party lives in Bernalillo County.
Do I need a lawyer for small claims in New Mexico?
No. Individuals may appear for themselves, and lawyers are allowed. A business is different: the pamphlets warn an entity "may be required by law to hire an attorney," and non-lawyer appearance is allowed only in the narrow cases listed under Can a business sue.
A lawyer may be worth a call if your case is complicated, the other side has one, or a deadline is close.
New Mexico small claims forms and official help
- Civil Complaint form from the court, its Self-Help Center, or the court website. Metro: Metro Court website
- Laws, rules and forms: NMOneSource (laws, rules and forms).
- Notice of Appeal form 4-707; free process form 4-222 (Appeal pamphlet).
Small claims court by New Mexico county
Outside Bernalillo County, you file at the county's Magistrate Court. The ten largest counties, largest first (U.S. Census Bureau, Vintage 2023 estimates):
- Bernalillo County — Bernalillo County Metropolitan Court, 401 Lomas NW, Albuquerque
- Doña Ana County
- Santa Fe County
- Sandoval County
- San Juan County
- Valencia County
- Lea County
- Otero County
- McKinley County
- Chaves County
New Mexico small claims FAQ
What is the small claims limit in New Mexico?
$10,000. The court can't consider a case where a party claims more than $10,000.
How much does it cost to file small claims in New Mexico?
$77 to file in Magistrate Court ($72 docket fee + $5 magistrate fee). Metro Court charges $77 to file a small claim: a $72 civil docket fee plus a $5 mediation fee.
Where do I file a small claim in New Mexico?
Magistrate Court in the county where the plaintiff lives, the defendant lives or the events happened, and the defendant must be served in New Mexico. In Bernalillo County, Metro Court, if its conditions are met.
How long does the defendant have to answer in New Mexico?
Ask the clerk how long the defendant has to answer.
Can I get a jury in New Mexico small claims?
Yes, on request: the plaintiff with the complaint, the defendant with the answer. Ask the clerk for the jury fee and deposit.
How long do I have to appeal in New Mexico?
For Magistrate Court, 15 days after the judgment or final order is filed, to the district court for a new trial. Metro Court appeals: check your court's rules.
Can a business sue in New Mexico small claims?
Yes, but an entity may be required by law to hire an attorney. Non-lawyer appearance is allowed only in narrow cases.
Sources
- Magistrate Court pamphlet, How to File a Lawsuit
- Metropolitan Court pamphlet SH-101, How to File a Lawsuit (rev. 9/1/24)
- Metropolitan Court fees, costs and filing
- Rules of Civil Procedure for the Magistrate Courts, Rules 2-101 et seq., official NMRA on NMOneSource
- Rule 2-705 NMRA, appeals from magistrate court
- Rule 1-072 NMRA, appeals from magistrate and metropolitan courts in trial de novo cases
- Civil Appeal in District Court from Magistrate Court Judgment (self-help pamphlet, rev. 10/2023)
- NM Courts: Magistrate Court
All checked 2026-10-11.
Related guides: Ready to sue · Just got sued · Small claims court basics · 10 things to do before you sue · How to save text messages as evidence · Sued in small claims? What to do next
Small Claims Starter Kit (basic timeline and checklists).
What's in the New Mexico Playbook section
- How to file in New Mexico: the basic steps
- How much should I ask for in New Mexico small claims?
- Who can appear for a business in New Mexico
- Where to file in New Mexico
- New Mexico small claims forms and fees
- Serving the defendant: options and fees
- How to file a small claim in New Mexico, step by step (made-up example)
- New Mexico small claims checklist
- New Mexico small claims timeline and deadlines
- What to expect at your New Mexico small claims hearing
- Appeals in New Mexico small claims
- Collecting after you win in New Mexico
Want the whole game plan for New Mexico? The New Mexico Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.