New Mexico Rules & Forms

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Small Claims Court

Court:  Residents of Bernalillo County file in the Metropolitan Court.  All other New Mexico residents file small claims cases in the Magistrate Court.

Claim Limit:  $10,000.00

Answer Period:  Defendant may file an answer on or before the trial date.

Attorney Representation: You can be represented by an attorney in a New Mexico small claims court.

Eviction Cases:  Eviction cases are allowed in small claims court.

Jury Trial:  Jury trials are allowed in small claims court at either party’s request.

Statutes of Limitations  (N.M. Stat. Ann. § 37-1-1 et seq.):
– Written Contract:  6 years
– Oral Contract: 4 years
– Personal Injury: 3 years
– Real Property: 4 years
– Personal Property: 4 years

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