File Small Claims Court Las Cruces
Get fast resolution by filing your small claims in the court of New Mexico.
New Mexico Small Claims
In New Mexico's small claims court, you can sue for up to $10,000. The statute of limitations varies but is generally between three and six years depending on the claim type. The filing fee is about $77. It takes a few minutes to submit a claim once you have your information ready. To start, complete the Civil Complaint form at your local Magistrate or Metropolitan Court and pay the fee.
If you want to know how to file a small claim in New Mexico or are curious how to bring someone in the small claims court in New Mexico, you must know some facts about small claims like:
What are small claims in New Mexico?
What is a small claim court in New Mexico?
What are the Types of Small Claims in New Mexico?
What are the charges for small claims court in New Mexico?
What are Small Claims in New Mexico
Small claims in New Mexico are the minor disputes that involve a small amount of money. This is a legal process to recover small amounts very quickly, efficiently, and cheaply. A small claims lawsuit in the state of New Mexico does not require a complex process. You, as an individual, can recover your claimed amount in an easy and fast way if your claim is not complex. Businesses can also recover their minor claimed amount. Small claims in New Mexico have a limit that you must follow. The maximum amount for small claims court is different in every state. As the small claims process is straightforward, you can file the small claims in small claims courts by yourself or with the help of someone. You can sue someone in small claims court New Mexico without paying an attorney's fee. You do not need to hire a lawyer to file small claims
New Mexico Small Claims Quick Facts:
Filing Fee & Cost |
In the New Mexico Small Claims Court, the small claims filing fee is generally around $77.00. The process serving fee is around $20-$100. You may have to pay some additional costs for preparing the case. |
Statutes of Limitation |
The statute of limitations is a time limit for starting a lawsuit. The following is the statute of limitations in the state of New Mexico for different types of cases. |
| Breach of Contract | 4-6 years |
| Debt Collection | 4-6 years |
| Property Damage | 4 years |
| Personal Injury | 3 years |
| Fraud or Misrepresentation | 4 years |
| Small Claims Limit | The small claims limit is usually up to $10,000. |
Common Types of Small Claims Cases in New Mexico |
Property Damage Return of Security Deposit Disputes with Mechanics over Poor Workmanship Disputes with Airlines Landlord/Tenant Disputes Money Owed (personal loans, contracts, unpaid invoices) Contracts (written and oral) Minor Car Accidents (Property Damage, No Injury) Disputes with Home Warranty Companies Unpaid Invoices & Unjust Chargebacks Disputes with Contractors over Remodeling or Home Repairs Disputes with Car Dealerships and Private Car Sellers HOA Disputes Disputes with Insurance Companies Disputes with Moving Companies Disputes with Telemarketers and Robocallers Wrongful Death Lawsuit Car Accident or Car Crash Lawsuit Injury Lawsuit Disputes with Towing Companies |
New Mexico Small Claims Court Fees:
Small claims courts are cost-effective and require very low court fees as compared to traditional court processes. Court fee includes the following fees:
Filing Fee:
In New Mexico, Small claims filing fees generally range from $77. It depends on the court jurisdiction and the amount of the claim you are suing for in the small claims court of New Mexico.
| Small Claims Amount | Filing Fee Range |
| Up to $10,000 | $77 |
Service Fee:
A service fee is required to serve the court papers on the defendant. It typically ranges from $20-$100.
| Service Method | Service Fee Range |
| Sheriff or Constable Service | $20–$50 |
| Private Process Server | $50–$100 |
| Certified Mail (if Allowed) | $10–$15 |
Additional Costs:
| Types | Fee |
| Motion Fees | $25–$35 |
| Appeal Fee | Approximately $122 |
There is also an additional fee that is used to get the certified copies.
Small claims courts also offer fee waivers for deserving people. When the plaintiff files a waiver, proof of service is not required, and these rules apply as if a summons and complaint had been served at the time of filing the waiver.
What are the Types of Small Claims in New Mexico?
You can sue for many types of small claims in New Mexico that happen in our daily lives, as described below:
- Unpaid debts such as outstanding bills and unpaid loans, etc.
- Property damages, such as payment for repairs or replacement of the property that has been damaged.
- Breach of contract, such as if a party fails to fulfill the terms of an agreement.
- Security deposit disputes, such as a situation where property owners take the wrong action and do not pay the security deposit.
- Personal injury, such as any minor injury, results in medical expenses and emotional distress.
Small claims courts are ideal courts to file small claims in an efficient and cost-effective way. On the other hand, traditional courts have complex procedures and are costly as well.
Do I Need a Lawyer for Small Claims in New Mexico?
As the small claims court of New Mexico offers a very streamlined process for filing small claims and offers self-representation, you are not required to hire a lawyer. Lawyers cannot represent you in court for filing small claims. You can take legal advice from a lawyer if you feel you need any type of legal help. Small claims courts allow you to file small claims cases by yourself, and to sue in New Mexico small claims court, you do not need to hire an attorney for this purpose. This makes the process cost-effective.
What Happens in Small Claims Court in New Mexico?
Small claims courts are very easy and provide a streamlined process of filing the small claims.
- You, as a plaintiff, and the defendant, both parties, must present the case in front of a judge.
- The judge may ask you some legal questions related to your case.
- The judge will give the judgment at the court hearing.
- You need to collect the approved claimed amount from the defendant.
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