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Small claims forms · New Mexico

New Mexico small claims court forms, filled in for you

Answer a few questions once. Vera fills in the New Mexico court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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Sign online where the court accepts it. On paper: Rules 1-011(A), 2-301(H): a computer-generated signature. Forms sworn before a notary or the clerk are still signed by hand.

If you were sued: your answer is due 20 days after you were served. Source: the civil summons (Form 4-204): "WITHIN TWENTY (20) DAYS AFTER THE SUMMONS HAS BEEN SERVED ON YOU".

To sue (you're the plaintiff)

  • Civil Complaint (Form 4-201)Sign online

    The court's own form (nmcourts.gov)

    What to know
    • New Mexico has no separate small claims court: the magistrate courts, and in Bernalillo County the Bernalillo County Metropolitan Court, hear "Tort, contract, landlord/tenant rights ($0-10,000)" (nmcourts.gov, Courts in New Mexico). File in the county where you or the defendant lives or may be found, or where the claim arose (the complaint, paragraph 1). The Metropolitan Court hears a case only if it happened in Bernalillo County, the defendant is served in New Mexico, and you or the defendant lives in Bernalillo County (Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit).
    • This is the New Mexico Supreme Court's Civil Complaint for the magistrate and Metropolitan Courts (Form 4-201, for Rules 2-201 and 3-201). The Supreme Court also has Form 4-202, a civil complaint "only used in Metropolitan Court" (nmcourts.gov, civil forms): ask the Metropolitan Court clerk which one to file. Vera filled the kind of court (Magistrate, Metropolitan or the judicial district) and the county only when your court's name says which, the case number if your case has one, you as plaintiff, the defendant, and your printed name. Leave the case number for the clerk if you have none yet.
    • From your answers in Court forms, Vera filled the defendant's address and city (with the state and zip), the amount you claim in paragraph 2, what the money is for as the event or transaction in paragraph 3, and your address, city, state and zip code and telephone number under "Name (print)". What did not fit on the lines of paragraph 3 is on an added page at the end, and the form says "See attached page." Check each one. Paragraph 3 asks for the event or transaction the claim arises from: add when it happened if your answer does not say (the form). Give the defendant's correct name and physical address (Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit).
    • The form has one line for the defendant and one address. If you told Vera about a second defendant, Vera did not add them: ask the clerk how to name a second defendant and give their address (the form).
    • Paragraph 2 prints that the plaintiff "also claims interest and court costs"; it has no blank for the interest amount or rate. If you are asking for interest, you can say how much and from when in paragraph 3 (the form).
    • Still yours: if you claim personal property instead of money, its value and description in paragraph 2; and paragraph 4 says whether you demand a jury ("Trial by jury is (not) demanded"), and a jury costs more when you file (the form). Vera writes nothing there.
    • Sign on the line marked "Signed" and date it (the form). Vera never signs or dates a form.
    • When you file, the clerk prepares the Service Packet: a copy of the complaint, the summons and an answer form (Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit). The fee to file a complaint in the Metropolitan Court is $77 (metro.nmcourts.gov, Fees, Costs & Filing); ask your magistrate court clerk for its fee.
    • You may not serve the defendant yourself: the county sheriff, a private process server, or any person 18 or older who is not a party delivers the summons, the complaint and an answer form to the defendant, to someone 15 or older who lives at the defendant's home, or posts them there and also mails them; a business is served through its registered agent, an officer, a manager or another person in charge. The person who served it completes the Return on the original summons, and it is filed with the court (Form 4-204, the Return; Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit).
    • The defendant has 20 days after service to file a written answer; if none is filed, "NO COURT DATE WILL BE SET" and the court may enter a default judgment (Form 4-204). If no action is taken on the case for 6 months, the case will be dismissed (Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit).
    • If the claim is for a residential security deposit: the Supreme Court's Complaint by Resident for Return of Deposit (Form 4-906A) asks whether the landlord mailed written notice of the amounts deducted "within thirty (30) days after the date plaintiff vacated the premises or the date the rental agreement terminated", and its use note refers to Paragraph E of Section 47-8-18 NMSA for a civil penalty. Ask the clerk whether your court wants that form for a deposit claim (Form 4-906A and its use notes).

  • Corporation or Limited Liability Corporation (LLC) Authorization of Agent to Appear (Form 4-403)

    Only if the plaintiff is a corporation or LLC appearing without a lawyer.

    The court's own form (nmcourts.gov)

    What to know
    • A corporation or LLC may appear through the person this form names, under Rule 2-107 NMRA (magistrate court) or Rule 3-107 NMRA (Metropolitan Court); otherwise the entity may be required by law to hire an attorney (the form; Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit). For a partnership, the Supreme Court's form is Appearance by partnership (Form 4-404) (nmcourts.gov, civil forms).
    • Vera filled the county and the kind of court only when your court's name says which, the plaintiff, the defendant, and the case number if your case has one. The officer's name and office, the business's name, the boxes, the agent's name, the addresses and the contact details are yours to fill: your answers in Court forms do not cover them. Vera marks no box.
    • The President, Vice President, Secretary or Treasurer signs after "By:" and prints their name, and swears to it before a notary public (the form). Vera never signs or dates a form.

If you were sued (you're the defendant)

  • Answer to Civil Complaint (Form 4-301)Sign online

    The court's own form (nmcourts.gov)

    What to know
    • File your written answer with the court within twenty (20) days after the summons was served on you, and give or mail a copy to the person who signed the complaint. If you do not, "NO COURT DATE WILL BE SET, AND THE COURT MAY ENTER A DEFAULT JUDGMENT AGAINST YOU" (Form 4-204, the Civil Summons; the form's use note 1).
    • This is the New Mexico Supreme Court's Answer to Civil Complaint for the magistrate and Metropolitan Courts (Form 4-301, for Rules 2-302 and 3-302). The Supreme Court also has Form 4-302, an answer "used only in Metropolitan Court" (nmcourts.gov, civil forms); the answer form served on you with the summons is the one to use. Vera filled the county and the kind of court only when your court's name says which, the case number if your case has one, the plaintiff, you as defendant, and your printed name. Check them against the complaint you were served.
    • From your answers in Court forms, Vera filled paragraph 1, why the plaintiff is not entitled to the amount claimed, with your reasons when you disagree with all or part of the claim; paragraph 2, your counterclaim with its amount, only when you want to sue back; and your address and telephone number under "Name (print)" (your city, state and zip code on its own line). What did not fit on the lines is on an added page at the end, and the form says "See attached page." Check each one. If you agree you owe the claim, Vera leaves paragraph 1 blank. If the plaintiff claims personal property, say on the second paragraph 1 why it should not be turned over: Vera writes nothing there (the form).
    • Paragraph 3 says whether you demand a jury; if the plaintiff already demanded one, you need not fill it in, and if you demand one you pay a jury fee when you file (the form; Form 4-204). Vera writes nothing there.
    • A counterclaim cannot exceed $10,000 (Metropolitan Court pamphlet SH-102, How to Answer a Civil Lawsuit).
    • Sign on the line marked "Signed" and date it. Complete the Certificate of Service on page 2: how and when you sent the answer to the plaintiff, and to whom; Vera leaves it all blank (the form). Vera never signs or dates a form.
    • After the answer is filed, the parties may prepare for trial or mediate; if the case does not settle, the judge schedules a pretrial hearing or trial (Metropolitan Court pamphlet SH-102, How to Answer a Civil Lawsuit).

  • Corporation or Limited Liability Corporation (LLC) Authorization of Agent to Appear (Form 4-403)

    Only if the defendant is a corporation or LLC appearing without a lawyer.

    The court's own form (nmcourts.gov)

    What to know
    • A corporation or LLC may appear through the person this form names, under Rule 2-107 NMRA (magistrate court) or Rule 3-107 NMRA (Metropolitan Court); otherwise the entity may be required by law to hire an attorney (the form; Metropolitan Court pamphlet SH-101, How to File a Civil Lawsuit). For a partnership, the Supreme Court's form is Appearance by partnership (Form 4-404) (nmcourts.gov, civil forms).
    • Vera filled the county and the kind of court only when your court's name says which, the plaintiff, the defendant, and the case number if your case has one. The officer's name and office, the business's name, the boxes, the agent's name, the addresses and the contact details are yours to fill: your answers in Court forms do not cover them. Vera marks no box.
    • The President, Vice President, Secretary or Treasurer signs after "By:" and prints their name, and swears to it before a notary public (the form). Vera never signs or dates a form.

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.