Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
The court rules don't require a demand letter before you file, but asking for payment in writing first is a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In New Mexico you can sue for up to $10,000 in the Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque).
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent or an officer, then also mail a copy.
1–2 evenings
Civil Complaint: Civil Complaint (Magistrate / Metropolitan Court). Get the form.
Sign the Civil Complaint; no notary is needed.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
File in the county where you live, where the defendant lives, or where the problem happened. In Albuquerque and the rest of Bernalillo County, file at the Metropolitan Court.
$77 to file a civil complaint in Magistrate Court or Metropolitan Court. A jury costs an extra $25 plus a $75 deposit. Service by the sheriff or a process server costs extra. Can't afford it? Ask for a fee waiver: Free Process (fee waiver) application, available from the court clerk.
The clerk issues a Summons. You then arrange service on the defendant with the Summons, Complaint and a blank Answer form.
Right after filing
You cannot hand the papers over yourself. Use the sheriff, a private process server, or any adult who isn't part of the case. You can also mail the papers with an Acknowledgment of Service form; if it isn't signed and returned within about 23 days, you must use personal service.
After being served, the defendant has 20 days to file a written Answer.
Return of Service (on the back of the Summons)
Whoever serves the papers fills out the Return of Service, and it must be filed with the court. Without it, your case can be delayed or dismissed.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must file a written Answer within 20 days of being served and can include a counterclaim.
If you settle, file a dismissal or a stipulated judgment with the court.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena for a witness who won't come voluntarily, and have it served.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer in 20 days, you can ask for a default judgment. If you miss the trial, your case can be dismissed.
Weeks to months
Either side can appeal within 15 days after the judgment is filed. The appeal goes to the District Court in the same county, and the case is tried again from scratch.
The court doesn't collect for you. If they don't pay, you can ask for a writ of execution to seize property or a writ of garnishment for wages or a bank account.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.