New Mexico ยท Unpaid invoice

Unpaid invoice in New Mexico small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

In New Mexico, small-claims cases are heard in the Magistrate Court (Metropolitan Court in Bernalillo County) and you can sue for up to $10,000.

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

Filing your Civil Complaint (Form 4-201) in New Mexico

  1. Complete the Civil Complaint. Fill out the Civil Complaint (Form 4-201 magistrate, 4-202 Metro) stating proper venue, the amount claimed (up to $10,000), and a brief description of the event. Forms are free at nmcourts.gov.
  2. File with the clerk and pay the fee. File with the magistrate or metropolitan court clerk for the county where the defendant is or the claim arose, and pay the $72 docket fee (NMSA 35-6-1; Metro adds a $5 mediation fee). A fee waiver is available for indigency.
  3. Have the summons issued and served. Get a Civil Summons (Form 4-204) from the clerk. The summons, complaint, and answer form are served on the defendant by a sheriff or any uninvolved adult over 18. File the return of service.
  4. Wait for the defendant's response. The defendant has 20 days after service to file an answer. If none is filed, you may ask for a default judgment.
  5. Attend the trial. If the defendant answers, the court sets a trial. Bring your evidence, documents, and witnesses.

Filing fees: The civil docket fee is set by statute at $72 (NMSA 1978, 35-6-1), the same in magistrate and metropolitan courts and not county-set. The Metro Court adds a $5 small-claims mediation fee. A fee waiver is available on a showing of indigency.

Deadline that applies to your unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

Written contract: 6 years (NMSA 1978, Section 37-1-3)

Answering a lawsuit: 20 days after the summons is served.

Serving the defendant: The Civil Summons, complaint, and answer form are served by a sheriff or any non-party adult over 18, by personal delivery, by leaving them with someone over 15 at the defendant's home, or by posting plus mailing. A signed return of service is then filed.

Appeals: Either party may appeal to the district court within 15 days of the judgment being filed. The appeal is a trial de novo; the district court filing fee is $132.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: New Mexico Courts: Civil Forms and Files. Last reviewed 2026-06-24.