In New Mexico small claims filing limit is $10,000.00. Once the small claims case is filed and served upon the defendant, the defendant has 30 day to file and answer with the courts. If the defendant fails to response to the small claims case filed against them, you win by default.
You must file a motion for default if the defendant failed to file an answer with the courthouse.
You (the "plaintiff") file a small claims case with the clerk of the appropriate:
Magistrate court, or Metropolitan court, or "Metro Court," such as the Bernalillo County Metro Court, which includes the Albuquerque area.
In small claims court of New Mexico, you can file the case in the court that serves the area or county where:
The person you're suing lives (he's called the "defendant"), or
You live, or
Where you can "find" the defendant, such as the county where he works, or
Where the incident you're suing over happened, which is called where your "cause of action arose." For example, if you're suing to get money for personal injuries you suffered in a car accident with the defendant, you may file in the court for the area where the accident happened.
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