Court filing fees by state · New Mexico
New Mexico · before you file
Court filing fees in New Mexico
In New Mexico: No separate small claims court: magistrate or Bernalillo Metropolitan Court civil $77, for claims up to $10,000. Service of the defendant is extra.
Fees at each court level
- Small claims (up to $10,000)
- No separate small claims court: magistrate or Bernalillo Metropolitan Court civil $77
- Limited or county civil
- None: magistrate or metropolitan court, then district court
- General civil
- District court civil $132
Who sets the fee
NMSA 35-6-1 sets the magistrate docket fee and Rule 1-099 NMRA the district court fee, statewide. Each district court republishes the same figures; the statute itself is behind a script-rendered viewer.
Sources and verification
- Authority
- NMSA 1978 §35-6-1, via fifthdistrict.nmcourts.gov
- Last confirmed
- 2026-10-23, by re-reading the schedule
- Usually changes
- Legislature only
What this page does not include
Last reviewed: October 2026
- Service of process: a sheriff or constable fee per defendant, or certified mail through the clerk. See the service of process cost tool.
- Jury demands, motions, subpoenas, appeals and post-judgment filings, each with its own fee.
- Fee waivers. Every court has one for filers who cannot pay; the fee waiver checker covers the usual tests.
Informational only, not legal advice. Every figure is cited to the judiciary's schedule or the statute; confirm with the clerk before filing.
Also for New Mexico: post-judgment interest rate
Frequently asked questions
How much does it cost to file a small claims case in New Mexico?
No separate small claims court: magistrate or Bernalillo Metropolitan Court civil $77, for claims up to $10,000. NMSA 35-6-1 sets the magistrate docket fee and Rule 1-099 NMRA the district court fee, statewide. Each district court republishes the same figures; the statute itself is behind a script-rendered viewer.
What does it cost to file a regular civil case in New Mexico?
None: magistrate or metropolitan court, then district court. District court civil $132.
Does the filing fee include serving the defendant?
Almost never. Service of process is a separate charge, a sheriff or constable fee per defendant or certified mail through the clerk, and it is not in the figures on this page. A jury demand, a motion or an appeal also carries its own fee.
Can the fee be waived?
Every state court system has a fee waiver for people who cannot afford the fee, usually by filing an affidavit of indigency or an application to proceed without payment with the clerk. The New Mexico schedule linked above is where the court publishes its form, and this site's fee-waiver eligibility checker explains the usual tests.
Related tools
See exactly what it costs to file a small claims case, by state — cited to your court's own fee schedule.
Open tool →Total Cost to Sue CalculatorThe full out-of-pocket cost to sue in small claims court — filing fee plus service of process, added together and cited to each court's own fee schedule.
Open tool →Small Claims Limit CheckerSee whether your claim qualifies for small claims court and what the dollar limit is, by state and by plaintiff type — individual or business.
Open tool →Fee Waiver Eligibility CheckerSee whether you qualify to have your small claims filing fee waived for financial hardship, by state — cited to each court's own fee-waiver rule.
Open tool →Service of Process Cost CalculatorSee what it costs to serve a defendant, by state and by method — sheriff, court-arranged mail, or certified mail — cited to each state's own fee schedule.
Open tool →Small Claims Court Costs by StateFiling fees, claim limits, and service costs for every covered state, side by side.
Compare states →