Small Claims Court in Bernalillo County

In Bernalillo County, NM small claims cases are filed in the Metropolitan Court. Bernalillo County has one Metropolitan 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 Bernalillo Court System.

Small Claims

In Bernalillo County, New Mexico, if you're seeking to sue for $10,000 or less, you can file your case in either Magistrate Court or Metropolitan Court. However, if your claim exceeds $10,000, you'll need to file in District Court, and it's likely that you'll need the assistance of a lawyer for that process.

It's important to note that court employees are not allowed to fill out forms or provide legal advice. While they can assist with procedural questions and guide you on where to find resources, they cannot tell you how to fill out forms or give you advice on what to include in your case.

Types of Claims

The Metropolitan Court is a small claims court with limited jurisdiction, which means it can only handle certain types of cases. While a range of cases can be filed there, the most common civil cases include:

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

However, there are several types of cases the Metropolitan Court cannot hear, including:

• Domestic relations matters (like divorce, custody, child support, guardianship, or adoption)
• Defamation (libel or slander)
• Property disputes, such as real estate or land boundary issues
• Cases requiring specific performance for the sale of land
• Misconduct by public officials
• Restraining orders or habeas corpus petitions
• Extraordinary writs or injunctions

Additionally, the court cannot hear any case where the amount of money being claimed exceeds $10,000.

The Metropolitan Court can only hear cases that meet these conditions:

1. The event or action took place in Bernalillo County.
2. The defendant has been served with notice of the lawsuit in New Mexico.
3. Either the plaintiff or the defendant resides in Bernalillo County.

If your case fits these criteria, you can file your lawsuit in the Metropolitan Court.

How to Begin a Small Claim

To start a lawsuit, it's important to know that the person filing the lawsuit is called the Plaintiff, and the person being sued is called the Defendant.

oth Plaintiffs and Defendants must be:

• At least 18 years old, or
• A guardian, "next friend," or parent of a minor; or
• A business entity, such as a partnership, company, or corporation.

If the Plaintiff or Defendant is a business entity (like a corporation or LLC), the law may require the entity to hire an attorney to represent them in the lawsuit.

Steps to File a Lawsuit:

1. Complete a Civil Complaint Form You’ll need to fill out a Civil Complaint form to start your case. You can obtain this form from:
   • The Customer Service desk on the 1st floor of the courthouse.
   • The Self-Help Center.
   • The Metropolitan Court website: http://metro.nmcourts.gov/
2. What the Complaint Must Include The Complaint must contain the following information:
   • Names and addresses of both the Plaintiff and Defendant.
   • The dollar amount you are claiming.
   • A brief description of the claim (what happened and why you are suing).

Once you've completed the Complaint, you can file it with the court to officially begin your lawsuit. If you need help with the process, the court clerk or self-help resources can guide you.

Court Fees

Once you have completed the Complaint form, take it to Customer Service at the courthouse to officially file your Complaint. The *current filing fee is $77.00.

After you’ve filed the Complaint, the court will prepare a Service Packet for you. This packet contains the necessary documents to notify the Defendant about the lawsuit. You will be responsible for serving the Defendant with these documents, which is an essential step in the legal process.

Can I Request a Jury Trial?

Yes, either party can request a jury trial. Here's how it works:

• Plaintiff: If you're the Plaintiff, you must request a jury trial when you file the Complaint.
• Defendant: If you're the Defendant, you must request a jury trial when you file your Answer to the Complaint.

Keep in mind that additional fees apply for a jury trial.

Court & Jury Costs

• Complaint Filing Fee: The fee to file a Complaint is considered a court cost.
• Jury Trial Fees: If you request a jury trial, there are two additional fees:
  • $25.00 non-refundable jury fee
  • $75.00 jury deposit (This deposit may be refundable, but the fee is not).

The jury fee and deposit must be paid separately.

• Document Copies: If you need copies of any court documents, there is a charge of $0.50 per page.

Who Will Be the Judge?

When the Complaint is filed, a judge is randomly assigned to your case. However, each party has the right to disqualify a judge:

• Plaintiff: You can disqualify the judge within 10 days after the Complaint is filed.
• Defendant: You can disqualify the judge within 10 days after the Answer is filed.

If a judge is disqualified, a new one will be randomly assigned. Unless a jury trial is requested, the judge will make all decisions in the case.

Record of Hearings/Trial

If you want your hearing or trial to be recorded, you must request it in writing at least 10 days before your court date. Recording your case may be important if you decide to appeal the decision later.

• A CD recording of the hearing or trial will be available for up to 90 days after the judgment is filed in your case.
• To obtain a copy of the recording, submit a written request and pay a $5.00 fee per CD.

How is the Defendant Notified

By law, the Defendant must be notified that a lawsuit has been filed against them. It is the Plaintiff's responsibility to ensure the Defendant receives proper notice.

1. Service Packet: After the Complaint is filed, the court clerk will prepare a Service Packet. This packet includes:
   • A copy of the Complaint
   • A Summons (which informs the Defendant of the lawsuit),
   • An Answer form (so the Defendant can respond to the Complaint).
2. Who Can Serve the Defendant: The Plaintiff cannot deliver the Service Packet to the Defendant themselves. However, the following people can do it:
   • The County Sheriff
   • A private process server
   • Any person over 18 who is not a party to the lawsuit.

Note: Both the Sheriff’s office and private process servers charge a fee for their services, so be prepared for those costs if you choose to use their assistance.

Properly Notifying the Defendant

To ensure that the Defendant is properly notified of the lawsuit, specific rules must be followed. If the Defendant is an individual person, the three basic ways to serve the lawsuit are:

1. Personal Service: Deliver the Service Packet directly to the Defendant.
2. Posting & Mailing: Post the Service Packet on the front door of the Defendant's residence, and also mail a complete copy of the Service Packet to the Defendant.
3. Substitute Service: Deliver the Service Packet to someone who lives at the Defendant's residence and is at least 15 years old.

If the Defendant is a business entity (such as a corporation), the Service Packet must be given to the Registered Agent, an officer, manager, or any other person in charge of the business.

Completing the Service Process

After the Service Packet is properly served on the Defendant, the person who delivered the packet must complete the Return of Service section on the back of the original Summons (the one with the court seal). This completed Return of Service must be filed with the Court.

If the Return of Service is not filed, the Judge will not take any action on the case, and this could delay or even result in the dismissal of your case.

Other Important Information

• Failure to Respond: If the Defendant does not file an Answer (or another appropriate response) within 20 days after receiving the Complaint, the Plaintiff can request a Default Judgment in favor of the Plaintiff without a hearing. (See the Motions pamphlet for more details.)
• If the Defendant Responds: If the Defendant files an Answer, the case will proceed to prepare for trial or to attempt mediation (See the Mediation pamphlet for guidance). If you move forward to trial, the Plaintiff must provide the Defendant with a Witness List and Exhibit List at least 20 days before trial (or as directed by the Judge). The Defendant is required to provide the Plaintiff with the same lists at least 15 days before trial (or as ordered by the Judge). (See the Pre-Trial/Trial pamphlet for more details.)
• Case Dismissal: If no action is taken in the case for 6 months, the case will be automatically dismissed.
• Statute of Limitations: There are laws that set time limits for filing a lawsuit after an incident occurs. These laws are called Statutes of Limitations, and you can find more information about them at your local public library or the UNM Law School Library.

By following these guidelines and meeting all deadlines, you can ensure that your lawsuit proceeds as smoothly as possible.

Courthouse Location:

Bernalillo County Metropolitan Court

401 Lomas Blvd. NW
Albuquerque, NM 87102
(505) 841-8151
https://metro.nmcourts.gov/

BUILDING HOURS

• Monday - Friday 7:30AM - 5:00PM, except court holidays.

CITIES SERVES

• Albuquerque
• Rio Rancho

Let Squabble Help You With Your Small Claim at Bernalillo County

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