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New Mexico Small Claims Court Information

  • Statues: New Mexico Statutes, Ch. 34, Article 8A, Sections 1- 13; Ch. 35, Article 3, Sections 3-6; Ch. 35, Article 8, Sections 1-2; Ch. 35, Article 10, Sections 1-6 (evictions); Ch. 35, Article 13, Section 2; Magistrate Court Rules of Civil Procedure, Rules 101-805; Metropolitan Court Rules of Civil Procedure, Rules 101-804.
  • Dollar Limit: $10,000.
  • Where To Sue: Where plaintiff or defendant resides or where breach or injury occurred. Corporation resides where it has an office or agent.
  • Service: By mail; if address unknown, by leaving documents with clerk of court.
  • Hearing Date: Set by court.
  • Attorneys: Allowed.
  • Transfer: No provision.
  • Appeals: By either side for review of law, not facts; to District Court within 15 days.
  • Special Provisions: Jury trial available. Mediation available. Metropolitan Court also has jurisdiction over contested parking violations or vehicle operation regulations. Eviction cases allowed.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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