What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in New Mexico. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $10,000.
Where Suit May Be Brought: Where plaintiff or defendant resides or where breach or injury occurred. Recovery of property Where property is. A corporation is deemed to reside where it has an office or agent.
Proper Manner of Service of Process upon Defendant: Service may be made by mail, and if no response, personal service by sheriff or court-approved adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed and are required for corporations.
Special Provisions Regarding Transfer or Jurisdiction of Cases: There is no provision.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to District Court within 15 days.
Special Rules and Notes: Jury trial is available. Voluntary mediation programs are available in all Metropolitan Courts. Metropolitan Court also has jurisdiction over contested parking violations or vehicle operation regulations. Eviction cases are allowed.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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