New Mexico Small Claims Court: Limits, Fees, Forms, and Where to File
How small claims works in New Mexico: the limit, filing fee, forms, where to file, and the basic steps. Checked 2026-10-11.
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.
Filing in New Mexico? See a filled-in sample first.
Everything on this page is free. The Small Claims Playbook adds a filled-in sample of New Mexico's Civil Complaint (Form 4-201), using a made-up case, with a box-by-box guide. One membership covers every state. $149 for your first year (introductory offer), then $199 a year. Join now.
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 on 2026-10-11. 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: a $77 filing 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: a $77.00 filing fee.
| Item | Amount |
|---|---|
| Civil docket fee | $72.00 |
| Magistrate fee | $5.00 (Metro: check your court's rules) |
| Total to file | $77.00 |
| Jury fee (non-refundable) and jury deposit | $25 + $75 |
| 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.
How to file in New Mexico: the basic steps
- Pick the court: Magistrate Court in the county where you live, the defendant lives, or the events happened; or Metro Court if the Bernalillo County conditions are met.
- Get the Civil Complaint form from the court, its Self-Help Center or the court website, and file it with the $77 fee. Ask for a jury with your complaint if you want one ($25 plus a $75 deposit).
- The clerk gives you a Service Packet. You're responsible for service, but you can't deliver it yourself: use the sheriff, a process server or any non-party aged 18+.
- File the completed Return of Service.
- The defendant has 20 days after service to answer, or you can ask for a default judgment.
- Send your witness and exhibit list at least 20 days before trial (defendant: 15 days), then go to the hearing.
- Magistrate Court: either side can appeal to district court within 15 days after the judgment is filed, for a new trial ($132 fee, Form 4-707).
Ready to do these steps yourself?
The appeal window is short: either side can appeal a Magistrate Court judgment to district court within 15 days after it's filed. The steps above are free. The Playbook helps you do each one, with a filled-in sample of Form 4-201 and every box explained, plus your New Mexico Playbook section: serving the other side, what to expect at your hearing, appeals, and collecting a judgment.
You also get prep guides that work in any state: a document checklist, exhibit labels, a prep timeline and a hearing-day outline. $149 for your first year (introductory offer), then $199 a year. Join now.
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
Know your county? Next, get your proof in order.
You can present your own case. The Playbook's exhibit-label guide and hearing-day outline help you put your documents in order and explain them clearly, step by step. General legal information, not advice about your case.
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 lists a $77 filing 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?
20 days after service, or the plaintiff can ask for a default judgment without a hearing.
Can I get a jury in New Mexico small claims?
Yes, on request: the plaintiff with the complaint, the defendant with the answer. The fee is $25 plus a $75 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
Free: the Small Claims Starter Kit (basic timeline and checklists).
What's in the New Mexico Playbook section
- How to serve the other side in New Mexico
- What to expect at your New Mexico small claims hearing
- Appeals in New Mexico small claims
- Collecting after you win in New Mexico
- Common mistakes and a printable checklist
You do the work. The Playbook hands you the plays.
This page covers the New Mexico rules. The Playbook coaches you from filing to hearing day: a filled-in sample of Form 4-201, your New Mexico Playbook section, and step-by-step prep guides. Every state and DC has a filled-in sample claim (for Mississippi, Oklahoma and Wyoming it's a sample layout we made, so you'd get the real form from the court clerk). One membership covers every state.
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.