The purpose of small claims court is to hear disputes involving relatively small amounts of money—for example, if you want to get your landlord to return your security deposit, or an auto repair shop to give you a refund for shoddy work. New Mexico also allows landlords to file eviction cases in small claims court.
Court procedures are simple, inexpensive, quick, and informal. Most people who appear in small claims court present their own case and don't have a lawyer.
Small claims court rules, including maximum amounts for which you can sue, vary by state. This article provides an overview of small claims cases in New Mexico, from the perspective of the person filing the court case (the plaintiff).
Who Can Sue in Small Claims Court in New Mexico
If you are at least 18 years old (or an emancipated minor), you can file a claim in small claims court. A business entity, such as a corporation or partnership, is typically allowed to bring actions in small claims court, but check with your small claims court clerk for special rules, such as whether your business must hire an attorney to represent the entity in the lawsuit.
Dollar Limit on New Mexico Small Claims Cases
To bring your case in small claims court in New Mexico, you must be seeking to recover $10,000 or less. If you want to sue for more than the limit, you have to go to a different court, which may not be worth it given the complicated rules and costs of hiring an attorney.
Suing for Something Other Than Money
With a few exceptions, small claims courts in New Mexico can only award money, up to the $10,000 limit. If you need an order to make someone do (or stop doing) something, other courts are available. For example, if you want to file for divorce or seek higher child support, you will need to go to a family law court.
Deadline for Filing a Small Claims Case in New Mexico
Under New Mexico state law (N.M. Stat. Ann. § 37-1-1 et. seq.), there are limits (called statute of limitations) on the amount of time you have to bring a lawsuit. The statute of limitations for most cases in New Mexico is either three, four, or six years, depending on the type of case, but you’ll want to contact your small claims court or do some legal research to verify the limit for your specific case.
You can consult an attorney if you’ve missed the deadline and still want to pursue legal action, although there are very limited situations when you might be able to do so.
Filing a Small Claims Suit in New Mexico
The first step in filing a small claims case is to obtain and fill out the necessary forms (such as the complaint) and pay the required fees. You’ll need some basic information to complete the paperwork, like the name and address of the person or business you’re suing (the defendant) and some details about your claim including the date the claim arose and the amount you intend to ask for in damages. Check with the small claims court where you are filing your action to make sure you have all the information you need and fees required to start your lawsuit.
Most small claims actions are filed in the county and state where the person being sued lives, or where the business is located if the defendant is a business; this will be metropolitan court in Bernalillo County, and magistrate court in other counties. Rules about where you can bring your lawsuit vary depending on the situation and you may have other choices, such as filing where the incident giving rise to the claim occurred.
Clarify what forms you need to complete and how to serve them on the person or business you are suing (the defendant).
Small Claims Trials
After the complaint has been filed and the defendant served, both sides need to prepare their cases for court. Careful preparation is key to success. This involves:
writing a compelling statement
gathering documents and evidence, such as contracts, credit card statements, and photographs
selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved), who will come to court to tell what they have seen or heard
deciding on the order in which you will present your evidence, and
preparing what you will say in court.
The Court Judgment
The decision in a small claims court case (the judgment) will usually be mailed to the parties, usually a few days or a few weeks after the case is heard. There are exceptions however, typically if one side doesn’t show up and the other wins by default (default judgments are often announced right in the courtroom).
If you win, and the judgment is in your favor, the judge will order the other party to pay a specified amount of money. If things go smoothly, you’ll get your money and that’s it. But sometimes, the person (or business) that lost the case may not have the money to pay the judgment, or may simply refuse to pay it. In that situation, you may need to take legal action (and spend money) to enforce the judgment. The court won't collect the judgment for you.
Filing an Appeal
New Mexico law allows either party to file an appeal within 15 days. Check with the small claims court where you filed your action for details on the appeal process.
Working With a Lawyer in New Mexico Small Claims Court
An attorney can represent you in small claims court in New Mexico (check court rules for details). Even if you don’t have attorney representation in court, you may want to seek a lawyer’s advice about your case—for example, if you are suing your landlord for the return of your security deposit, you may want to consult an experienced tenants’ attorney to make sure you have a strong case. Or if your dispute involves another business, you may want advice from a business lawyer. Check out Nolo’s Lawyer Directory, to find a New Mexico attorney who specializes in your type of legal issue.
More Information on Small Claims Court in New Mexico
For information on filing a small claims case in metropolitan court (Bernalillo County cases), see the pamphlet, “How to File a Civil Lawsuit,” published by the Civil Division of New Mexico Metropolitan Court; also check out the Bernalillo County Metropolitan Court website.
For information on magistrate courts, see the New Mexico Courts’ brochure, “The Magistrate Court in New Mexico.”
For detailed information on every phase of small claims court, from preparing a winning case to collecting money if you win, see Everybody’s Guide to Small Claims Court, by Ralph Warner (Nolo).
Questions for Your Attorney
How much will you charge to represent me in my eviction lawsuit in small claims court?
I was injured and my car was damaged in an accident with a city-owned maintenance truck. The city refuses to pay some of my medical bills and all of my car repairs. Can I sue the city in small claims court?
The defendant I sued in small claims court said that I filed suit in the wrong court and the case was moved to another court. Do I have to file another Complaint and Summons and pay another filing fee?