New Mexico Small Claims Court: An Overview

Key facts about New Mexico's small claims court procedure.

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What's the dollar limit for small claims court cases in New Mexico?

The most you can ask for in a small claims case is $10,000.

Which court hears small claims cases in New Mexico?

Small claims cases in New Mexico are heard in the Metropolitan Court (Bernalillo County) or Magistrate Court.

How long does the defendant have to answer the small claims court complaint?

In New Mexico, the defendant may file a written answer on or before the appearance date in the summons.

Are attorneys allowed in small claims court in New Mexico?

You are allowed to have an attorney represent you in small claims court in New Mexico.

Can a landlord bring an eviction lawsuit in small claims court in New Mexico?

Eviction cases are allowed in small claims court in New Mexico.

Do I have a right to a jury trial in small claims court in New Mexico?

In New Mexico, jury trials are allowed at either party's request. The plaintiff must make a jury trial request in the complaint, and the defendant must make the request in the answer.

Where can I get more information about small claims court in New Mexico?

For more information about New Mexico small claims court, see www.nmcourts.com/othercourts/nmmagistratecourts.html.

Nolo's Small Claims Court area has many helpful related articles and a Small Claims Court FAQ. For more detailed help with filing a case, using the best strategy in court, and collecting your money if you win, see Everybody's Guide to Small Claims Court, by Attorney Ralph Warner (Nolo).

Last updated on 10/01/09.

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