How Long to Sue
Section 37-1-8 — three years for an injury to the person, six for a written contract, four for most else
| Action | Brought within |
|---|---|
| ActionAn injury to the person or reputation | Brought withinThree years |
| ActionA bond, promissory note or other written contract | Brought withinSix years |
| ActionAccounts and unwritten contracts, injuries to property, conversion, fraud, and actions not otherwise provided for | Brought withinFour years |
| ActionWrongful death | Brought withinThree years after the cause of action accrues, which is the date of death |
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
For minors and incapacitated persons, these times are extended so they have one year after the incapacity ends to bring the action.
When a particular claim accrued, and which period applies to it, is a question for a licensed New Mexico attorney.
Sources for this section (5)
- NMSA 1978, § 37-1-3 — Notes; written instruments; period of limitation; computation of period
- NMSA 1978, § 37-1-4 — Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions
- NMSA 1978, § 37-1-8 — Actions against sureties on fiduciary bonds; injuries to person or reputation
- NMSA 1978, § 37-1-10 — Minors; incapacitated persons
- NMSA 1978, § 41-2-2 — Limitation of actions
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.