Courts · Small Claims
Small Claims Court Limit in New Mexico
The most you can sue for in New Mexico small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in New Mexico
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $10,000 |
| How the limit works | One statewide limit |
| Filing fee | ~$77–$87 set by statute for magistrate and metropolitan civil cases; service by the sheriff adds roughly $25–$50 |
| Lawyers at the hearing | Allowed Lawyers are allowed but not required. Both the magistrate courts and the Bernalillo County Metropolitan Court are built around self-represented parties, with plain-language forms and self-help centers, so most people appear without counsel. |
| Statute / court rule | N.M. Stat. Ann. §35-3-3 (magistrate court); §34-8A-3 (metropolitan court) |
New Mexico does not run a court branded "small claims." Everyday small-value money disputes go to the magistrate court, which hears civil actions up to $10,000 under NMSA 35-3-3. In Bernalillo County (Albuquerque) there is no magistrate court; that role is filled by the Bernalillo County Metropolitan Court, whose civil division also caps disputes at $10,000 under NMSA 34-8A-3. Either way the practical ceiling is the same $10,000.
New Mexico has no court formally titled "small claims." If you search for one you will be pointed to the magistrate court, or to the Bernalillo County Metropolitan Court if your case is in Albuquerque.
Where to file in New Mexico
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use New Mexico's official court self-help resource.
→ Bernalillo County Metropolitan Court self-helpWhat New Mexico filers get wrong
New Mexico is a common source of confusion because it has no court actually called "small claims." Instead, small money disputes go to the magistrate court, which hears civil cases up to $10,000 under NMSA 35-3-3. There is one big exception: Bernalillo County, home to Albuquerque, has no magistrate court. Its role there is filled by the Bernalillo County Metropolitan Court, whose civil division also caps claims at $10,000 under NMSA 34-8A-3. So the honest answer statewide is a $10,000 ceiling, reached through the magistrate court in 32 counties and the metropolitan court in Bernalillo. Both are designed for people without lawyers, with self-help centers and plain-language forms. Lawyers are allowed but rarely needed, and filing fees are modest, usually around $77 to $87 before service costs.
Common questions
What is the small claims limit in New Mexico?
New Mexico has no court named "small claims." Small money disputes go to the magistrate court, which hears civil cases up to $10,000 under NMSA 35-3-3. In Bernalillo County (Albuquerque) the Bernalillo County Metropolitan Court fills that role, also with a $10,000 cap. The practical ceiling is $10,000 statewide.
Which court handles small claims in New Mexico?
The magistrate court in 32 of the 33 counties. Bernalillo County has no magistrate court, so there the Bernalillo County Metropolitan Court handles these civil cases. Both cap claims at $10,000.
How much does it cost to file a small claim in New Mexico?
Filing fees in magistrate and metropolitan civil cases are set by statute and typically run about $77 to $87 for claims up to $10,000. If the sheriff serves the defendant, add roughly $25 to $50.
Do I need a lawyer for magistrate or metropolitan court in New Mexico?
No. Lawyers are allowed but not required. Both the magistrate courts and the Bernalillo County Metropolitan Court are set up for self-represented parties, with self-help centers and plain-language forms, so most people appear without one.
Is there a separate business limit in New Mexico?
No. The $10,000 civil cap applies whether the party is an individual or a business. A plaintiff who claims more than $10,000 must either give up the excess to stay in magistrate or metropolitan court or file in district court instead.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.