New Mexico Small Claims

Small claims in New Mexico is a path to resolve simple civil disputes quickly and at low cost. Since each state sets its own rules, consumers, tenants, landlords, tradespeople, and small businesses in New Mexico must learn how to recover their money efficiently.

What Is a Small Claims Court in New Mexico?

In New Mexico, small claims are handled in Magistrate Courts and, in the Albuquerque area, in the Bernalillo County Metropolitan Court (a court of limited jurisdiction).Small claims are civil actions for recovering money damages and related, simple contract or tort disputes. Typical cases in small claims court include unpaid loans or invoices, residential security-deposit disputes, basic contract/workmanship claims, and minor property damage.

Small Claims Court Limits in New Mexico

Individuals or businesses may seek to recover money with an amount of $10,000 or less, exclusive of interest and court costs. Contract/quasi-contract and tort claims are allowed in the court. However, Magistrate Courts do not hear actions for libel/slander, malicious prosecution, domestic relations, restraining orders, or certain suits against public officers.

Moreover, the plaintiff (an individual who is suing in a case) must file their case where the defendant (the individual or individual/s who are being sued) resides or does business. They may also file their case in the jurisdiction where the claim arose.

How to File a Small Claims Case in New Mexico

To file a lawsuit, a Plaintiff or a Defendant must be:

• A person at least 18 years old or the guardian, “next friend,” or parent of a minor; or
• A business entity, such as a partnership, company, or corporation.

To file a small claims case in New Mexico, the plaintiff must identify the proper court. Outside Albuquerque, they may file in the county Magistrate Court. In the Albuquerque metro, they must file their case in the Bernalillo County Metropolitan Court. Both courthouses offer self-help materials; the Metro Court maintains an in-house Self-Help Center for small claims and landlord-tenant matters.

Individuals must prepare the complaint and forms. They may obtain the New Mexico civil complaint forms (Magistrate/Metro versions) from the judiciary’s forms page. In the complaint form, the plaintiff must provide

• The correct name and physical address of the plaintiff(s) and the defendant(s)
• The amount being claimed and
• A brief description of the plaintiff's claim.

The plaintiff must file their complaint with the court clerk. The court will assign a case number and an appearance/hearing date to the case. Local filing fee is compulsory for filing, and it varies by court and claim amount (check the court’s site or clerk’s office).

The next step is to serve the defendant properly with a copy of the complaint form. New Mexico’s Magistrate/Metro rules allow personal service (such as sheriff, constable, or any non-party adult), mail service with signed receipt (certified mail/commercial courier), or acknowledgment-of-receipt methods.

A proof of service must be filed with the court as evidence that the defendant was issued the complaint form. Small claims are designed for self-represented parties, but parties may hire counsel.

Small Claims Court in Major New Mexico Cities

Examples of small claims courts in the major cities include:

• Albuquerque: Small claims cases are handled at the Bernalillo County Metropolitan Court. The court offers a public Self-Help Center for unrepresented parties.
• Las Cruces: Individuals may file for small claims cases at the Doña Ana County Magistrate Court. The court allows the public to view its hearing schedules.
• Santa Fe: Anyone in this city may file their small claims cases at the Santa Fe County Magistrate Court. Individuals may find the fees for filing and additional costs online.

What to Expect at a Small Claims Hearing in New Mexico

In New Mexico, small claims cases are informal bench trials before a judge. The hearing begins with the plaintiff and is followed by the defendant. All parties must present their organized evidence (contracts, invoices, photos, messages, repair estimates) and any witnesses (subpoena forms are available to force witnesses to appear in court).

If the defendant fails to appear after valid service, the court may enter default judgment (you still must prove your damages) for the plaintiff. The judge may issue decisions from the bench or shortly after.

If the parties are not satisfied with the court’s decision, they may appeal to a higher court. They may appeal from the Magistrate's Court to the District Court. The cases are heard de novo (a new trial) and deadlines are short, so parties should consult their clerks for appeal instructions.

They may also appeal their case from the Metropolitan Court (Bernalillo County), a court of record for most civil actions. However, landlord-tenant cases (Uniform Owner-Resident Relations Act) must be appealed de novo to the District Court.

How to Search for Small Claims Records in New Mexico

In New Mexico, court records are presumptively public unless they are sealed by rule or order. Individuals may obtain the case number, party names, filing and service entries, scheduled hearings, rulings/judgments, and post-judgment filings (e.g., writs or garnishments) from the records. New Mexico provides multiple official access points to court records through:

1. Case Lookup (Odyssey Public Access). Individuals may search Magistrate, Metropolitan, District, Municipal, and appellate case registers from the Case Lookup Portal. They may search the portal by using the party name or case number as a search criterion.
2. Re:SearchNM. The New Mexico Judicial Branch partners with a platform to offer broader document access for registered users (coverage varies).
3. Clerk’s Office. Individuals who need certified documents or records may request them from the Magistrate or Metro Court clerk who houses the file. They must pay certain fees to obtain copies of the records.