Small Claims Court in Doña Ana County

In Doña Ana County, NM small claims cases are filed in the Magistrate Court. Doña Ana County has three Magistrate Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Doña Ana Court System.

Small Claims

• Filing a Small Claims Case (up to $10,000)
  • If your claim is for $10,000 or less, you can file your case in either the Magistrate Court or the Metropolitan Court.
• Filing a Larger Claim (over $10,000)
  • For claims greater than $10,000, you’ll need to file in the District Court. You may also want to consider getting legal help for this process, as it can be more complex.
• What Court Staff Can and Can’t Do?
  • Court staff can’t offer legal advice or fill out forms for you. However, they are available to answer general questions about the process and point you to helpful resources. It's important to understand the steps you need to take to file your case and follow them carefully.

Types of Cases in Metropolitan Court

Metropolitan Court handles a variety of civil cases, but it only has jurisdiction over certain types of claims. Here are some examples of cases it can hear:

• Landlord-tenant disputes
• Unpaid debts
• Auto accidents
• Personal injury
• Property damage
• Contract disputes

However, it cannot handle cases like:

• Family matters (divorce, child custody, child support, adoption)
• Defamation (libel or slander)
• Real estate disputes (property boundaries or sales)
• Misconduct by public officials
• Restraining orders, habeas corpus, or injunctions
• Claims over $10,000

When to File in Metropolitan Court

Your case must meet these conditions to be filed in Metropolitan Court:

• The incident occurred in Doña Ana County.
• The Defendant was served notice in New Mexico.
• Either you (the Plaintiff) or the Defendant lives in Doña Ana County.

If all of these apply, you can go ahead and file your lawsuit in this court.

How to Start a Small Claim

If you're filing a lawsuit, you’re the Plaintiff and the person you're suing is the Defendant. To get started, both parties must:

• Be at least 18 years old
• Be a legal guardian or representative for a minor
• Be a business entity (like a company, LLC, or corporation)

If a business is involved, it may need to hire an attorney to represent it.

Steps to File Your Case

1. Fill Out a Civil Complaint Form To begin, you’ll need to fill out a Civil Complaint Form. You can get this form from:
   • The Customer Service desk at the courthouse
   • The Self-Help Center
   • The Metropolitan Court website
2. What the Complaint Should Include:
   • The names and addresses of both the Plaintiff and Defendant
   • The amount of money you are claiming
   • A brief description of what happened and why you're suing
3. File Your Complaint with the Court
   • Once you’ve filled out the form, submit it to the court to officially start your case. If you need help, court staff or self-help resources are available to guide you through the process.

Court Fees

• Filing fee: $77.00
• After filing, the court will prepare a Service Packet to serve the Defendant. This packet includes documents that officially notify the Defendant about the lawsuit.

Jury Trials

You can request a jury trial when you file your Complaint. The Defendant can also request one when they file their Answer. There are additional fees for a jury trial:

• $25.00 non-refundable jury fee
• $75.00 jury deposit (which may be refundable)
• Copies of court documents: $0.50 per page

Judge Assignment and Disqualification

A judge will be randomly assigned to your case. However, both the Plaintiff and Defendant have the right to request a new judge:

• Plaintiff: 10 days after filing the Complaint
• Defendant: 10 days after filing their Answer

If a judge is disqualified, a new one will be assigned to your case.

Recording Your Hearing or Trial

If you want your hearing or trial recorded, you’ll need to request it in writing at least 10 days before your court date. This is especially important if you plan to appeal the decision later. You can get a CD recording of the hearing for $5.00 per CD, and it will be available for up to 90 days after the judgment.

Notifying the Defendant

As the Plaintiff, it’s your responsibility to make sure the Defendant is properly notified. After filing your Complaint, the court will prepare a Service Packet that includes: - A copy of your Complaint - A Summons to notify the Defendant of the lawsuit - An Answer form for the Defendant to respond

You cannot serve the Defendant yourself, but you can have: - The County Sheriff - A private process server - Anyone over 18 years old who is not part of the lawsuit

Ways to Serve the Defendant

There are different ways to serve the Defendant:

1. Personal Service: Hand-deliver the packet directly to the Defendant.
2. Posting & Mailing: Post the packet on the Defendant’s door and mail a copy.
3. Substitute Service: Leave the packet with someone at the Defendant’s home (at least 15 years old).

For businesses, the packet should be delivered to the Registered Agent or an officer of the company.

Completing the Service Process

After serving the Defendant, the person who served them must complete the Return of Service section on the Summons and file it with the court. This is necessary to move forward with your case, so make sure it’s filed properly to avoid delays.

Important Notes

• Failure to Respond: If the Defendant doesn't respond within 20 days, you can ask the court for a Default Judgment in your favor.
• If the Defendant Responds: The case will proceed, and the next steps will be preparing for trial or mediation.
• Case Dismissal: If nothing happens for 6 months, the case will be automatically dismissed.
• Statute of Limitations: Be aware of any time limits for filing your lawsuit. These deadlines vary depending on the type of case, so check with your local library or the UNM Law School Library for more information.

By following these steps and staying on top of deadlines, you can help ensure that your case moves through the legal process smoothly.

Let Squabble Help You With Your Small Claim at Doña Ana County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Doña Ana County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Doña Ana County Anthony Circuit Court – Magistrate Court

220 Crossett Lane Suite B
Anthony, NM 88021
(575) 882-2554
https://nmcourts.gov/

BUILDING HOURS

• Monday - Friday 8:00AM - 4:00PM, closed for lunch from 12:00 p.m. to 1:00 p.m., excluding holidays except court holidays.

2. Doña Ana County Hatch Circuit Court – Magistrate Court

#5 Chile Capital Lane
Hatch , NM 87937
(575) 524-2814
https://nmcourts.gov/

BUILDING HOURS

• They are currently conducting all hearings remotely from the Las Cruces Magistrate Location.

3. Doña Ana County Las Cruces – Magistrate Court

110 Calle de Alegra
Las Cruces, NM 88005
(575) 524-2814
https://nmcourts.gov/

BUILDING HOURS

• Monday - Friday 8:00AM - 4:00PM, excluding holidays except court holidays.

CITIES SERVES

• Anthony
• Las Cruces
• Sunland Park