New Mexico: State guide

This is general information, not legal advice. New Mexico's magistrate courts are the limited courts people use for many smaller civil disputes outside Bernalillo County. A pamphlet published by the New Mexico courts, 'How to File a Lawsuit,' says magistrate court is a small claims court or a court of limited jurisdiction. It says the court cannot consider a case in which the amount of money claimed by a party is more than $10,000. The same pamphlet says it is general, may not be current, and is not a guarantee that it meets your needs. Confirm the figure with the magistrate clerk. Bernalillo County is served by Metropolitan Court, which the pamphlet mentions separately. Do not assume the magistrate pamphlet is the metro court's rule.

Checked against official sources on October 11, 2026. Rules and links change; confirm with the office listed before you act.

The pamphlet lists common civil cases: landlord-tenant disputes, unsettled debts, auto accidents, personal injury, property damage, and contract disputes. It then lists what magistrate court cannot hear: domestic relations, malicious prosecution, libel or slander, title to land or boundary disputes, specific performance for the sale of land, misconduct by public officers, restraining orders, habeas corpus, and extraordinary writs or injunctions. Those exclusions sit next to the $10,000 sentence. A boundary fight under $10,000 is still outside the court. A money claim over $10,000 is outside even if the subject is a simple debt. The pamphlet also says the defendant must be served in New Mexico.

Venue, as the pamphlet states it, requires that the plaintiff lives in the county, or the defendant lives in the county, or the action happened in the county. A person who files must be at least 18, or file as a parent, guardian, or next friend. A business entity such as a corporation or limited liability company may be required to hire an attorney. That sentence is in the pamphlet and is easy to miss. Ask the clerk before a company sends a manager to the hearing. The pamphlet also describes judge assignment and a short period to excuse a judge.

The pamphlet prints a filing fee. Because it warns that the law changes and that the pamphlet may not be current, ask the clerk for today's fee instead of relying on the printed dollar amount. This directory leaves the fee field empty for that reason. Bring the contract, photos, and a number that is not more than $10,000. After a judgment, collection is a separate step the clerk can describe. If you are in Bernalillo County, start with Metropolitan Court's own instructions. If the magistrate pamphlet and a statute ever disagree, the statute controls. The pamphlet is the official court explanation that states the $10,000 figure retrieved for this directory.

Official resources in New Mexico

How to file a lawsuit in magistrate court

New Mexico courts pamphlet stating magistrate court cannot hear a claim for more than $10,000.

New Mexico Courts

Judicial branch site for magistrate and metropolitan courts.

New Mexico Legislature

Official statutes, including the magistrate-court jurisdiction sections.

Key facts for New Mexico

The courts' pamphlet calls magistrate court a small claims court of limited jurisdiction.
It says the court cannot hear a case in which a party claims more than $10,000.
It excludes domestic relations, defamation, land title, and injunctions.
The defendant must be served in New Mexico.
A business entity may be required to appear through an attorney.
The pamphlet says it may not be current. Bernalillo County uses Metropolitan Court.

What to do next

Confirm the $10,000 figure with the magistrate clerk because the pamphlet says it may be out of date.
In Bernalillo County, use Metropolitan Court's instructions.
Do not file a land-title or domestic-relations case in magistrate court.
Ask whether your company must hire a lawyer.

Looking for your city or county in New Mexico?

We haven't found official court-level pages for New Mexico we can verify yet, so we don't show local numbers here rather than guess. Here's what to use instead, in order:

General Start with the statewide information above. It applies across New Mexico, but cities and counties can add their own steps, fees or deadlines.
Call to confirm Ask the official office. They have the current local rule, fee and form.
New Mexico Courts
Website →
Phone not shown: use the contact page on the official website above.
Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the New Mexico page on USA.gov can point you to the right office.
Know the current info? Tell us and include a link to the official page. We check every tip before it goes up.

Helpful guides

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