A Small Claim in Magistrate or Metropolitan Court
Section 35-3-3 — civil actions up to $10,000, not counting interest and costs
Magistrates have jurisdiction in civil actions where the debt or sum claimed is no more than $10,000, not counting interest and costs, in contract, quasi contract and tort, and where the law expressly gives it.
Who handles this in New Mexico: New Mexico Courts HelpLine; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
- Malicious prosecution, libel or slander.
- Actions against public officers for misconduct in office.
- Specific performance of a contract to sell real property, or a dispute over the title or boundaries of land.
- Domestic relations, including divorce, custody, support, guardianship and adoption.
Those are outside a magistrate's civil jurisdiction. A metropolitan court has the same civil limit of $10,000 within its county, along with the jurisdiction of a magistrate court.
Sources for this section (2)
- NMSA 1978, § 35-3-3 — Jurisdiction; civil actions
- NMSA 1978, § 34-8A-3 — Metropolitan court; jurisdiction
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.