New Mexico Small Claims Court Guide

New Mexico Quick Facts

How to File in New Mexico Magistrate Court

New Mexico doesn't have a separate small claims court — instead, the Magistrate Court handles all small claims cases under NMSA § 35-3-3. This keeps things straightforward: one court, simplified rules, and no jury trials. The process is designed for people representing themselves, so you won't need a lawyer (though you're allowed to bring one if you choose).

1. Build your case fileGather your lease agreement, move-in and move-out inspection reports, photographs of the unit's condition, your demand letter with proof of delivery, and any text messages or emails with your landlord. Organized evidence makes a strong impression on the magistrate.
2. Visit the Magistrate Court clerkGo to the Magistrate Court in the county where your landlord lives or where the rental property is located. New Mexico has Magistrate Courts in every county, so there's likely one near you. Ask the clerk for the small claims complaint form.
3. Complete the complaint formFill out the small claims complaint with your name, the defendant's name and address, the amount you're claiming (up to $10,000), and a brief description of why you're owed money. Be specific — reference the lease terms and the statute your landlord violated.
4. Pay the filing fee & serve the defendantPay $25 for claims up to $5,000 or $50 for claims over $5,000. The court will arrange service of process, or you can use certified mail or a private process server. Make sure you get proof of service filed with the court before your hearing date.
5. Present your case at the hearingHearings in Magistrate Court are informal — no jury, just you, the defendant, and the judge. Walk through your evidence clearly, explain the timeline, and reference the specific statute. The magistrate typically issues a decision at the end of the hearing or within a few days.

New Mexico Filing Fees

New Mexico keeps filing costs low with a simple two-tier structure. Claims of $5,000 or less cost $25 to file. Claims between $5,001 and $10,000 cost $50. You'll also need to cover service of process fees, which run $20–$50 depending on whether you use the sheriff or a private server.

If you can't afford the filing fee, ask the clerk about a fee waiver (called a "pauper's affidavit" in New Mexico). If you win your case, the judge can order the defendant to reimburse your filing and service costs as part of the judgment.

What You Can Sue For

• Security deposits — Landlord didn't return your deposit within 30 days or made improper deductions under N.M. Stat. § 47-8-18 ($250 civil penalty plus forfeiture of right to withhold)
• Property damage — Someone damaged your vehicle, personal belongings, or other property worth up to $10,000
• Breach of contract — A contractor, business, or individual failed to deliver on a written or verbal agreement
• Unpaid debts — Someone owes you money for services rendered, loans, or other obligations

Frequently Asked Questions