Small Claims Court in Santa Fe County

In Santa Fe County, NM small claims cases are filed in the Metropolitan Court. Santa Fe 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 Santa Fe Court System.

Small Claims

• Small Claims (up to $10,000): If you're seeking $10,000 or less, you can file your case in either Magistrate Court or Metropolitan Court.
• Larger Claims (over $10,000): For claims exceeding $10,000, your case must be filed in District Court, and you may need the assistance of an attorney for this process.
• Court staff cannot provide legal advice or fill out forms for you. They are only able to answer procedural questions or help you find resources. This means it's up to you to understand and follow the necessary steps to file your case.

Types of Claims in Metropolitan Court

The Metropolitan Court handles a variety of civil cases, but its jurisdiction is limited to certain types of claims. Common cases include:

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

However, the court cannot hear cases involving:

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

Where to File Your Case

In Metropolitan Court, your case must meet these conditions:

• The event or action occurred in Bernalillo County.
• The defendant was served with notice in New Mexico.
• Either you (the plaintiff) or the defendant resides in Bernalillo County.

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

How to Begin a Small Claim

The person filing a lawsuit is called the Plaintiff, and the person being sued is the Defendant. To file, both parties must:

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

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

Steps to File Your Lawsuit

1. Complete a Civil Complaint Form: You’ll need to fill out a Civil Complaint form to start your case. You can get this form from:
   • The Customer Service desk at the courthouse
   • The Self-Help Center
   • The Metropolitan Court website (link)
2. What the Complaint Must Include: Your Complaint needs to 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

Once the Complaint is complete, file it with the court to officially begin your case. If you need guidance, court staff or self-help resources can assist you with the filing process.

Court Fees

The filing fee for your Complaint is currently $77.00. After filing, the court will prepare a Service Packet for you to serve on the Defendant. The packet includes important documents that notify the Defendant about the lawsuit.

Jury Trials

You can request a jury trial at the time of filing. Here’s how it works:

• Plaintiff: Must request a jury trial when filing the Complaint.
• Defendant: Must request a jury trial when filing their Answer to the Complaint.

There are additional fees for a jury trial:

• $25.00 non-refundable jury fee
• $75.00 jury deposit (this may be refundable)
• Document copies: If you need copies of court documents, there's a charge of $0.50 per page.

Judge Assignment and Disqualification

A judge will be randomly assigned to your case. However, each party has the right to disqualify the judge within 10 days of filing:

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

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

Recording Your Hearing/Trial

If you want your hearing or trial recorded, you 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. A CD recording of the hearing will be available for up to 90 days after the judgment. Copies of the recording are available for a $5.00 fee per CD.

Notifying the Defendant

It’s your responsibility as the Plaintiff to ensure the Defendant is properly notified. After filing the Complaint, the court will prepare a Service Packet that includes:

• A copy of the Complaint
• A Summons (to inform the Defendant of the lawsuit)
• An Answer form (for the Defendant to respond)

You cannot serve the Defendant yourself, but these people can serve the packet:

• County Sheriff
• Private process server
• Anyone over 18 who is not a party to the lawsuit

Serving the Defendant

There are different ways to serve the Defendant:

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

If the Defendant is a business, the packet should be delivered to the Registered Agent or an officer of the business.

Completing the Service Process

After the Service Packet is delivered, the person who served it must complete the Return of Service section on the original Summons and file it with the court. Without this, the judge cannot proceed with your case, and your lawsuit could be delayed or dismissed.

Important Notes

• Failure to Respond: If the Defendant does not respond within 20 days of being served, you can request a Default Judgment in your favor.
• If the Defendant Responds: If the Defendant files an Answer, the case will move forward, and preparations for trial or mediation will begin.
• Case Dismissal: If no action is taken for 6 months, the case will be dismissed automatically.
• Statute of Limitations: Be aware of time limits for filing your lawsuit. These deadlines are outlined in the Statutes of Limitations, which you can learn more about at your local library or the UNM Law School Library.

By following these steps and meeting all deadlines, you can help ensure your case moves through the legal process as smoothly as possible.

Courthouse Locations:

Santa Fe Magistrate Court

2056 Galisteo St.\ Santa Fe, NM 87505
(505) 984-9914
https://nmcourts.gov/

BUILDING HOURS

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

CITIES SERVES

• Española
• Santa Fe

Let Squabble Help You With Your Small Claim at Santa Fe 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 Santa Fe 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.