The next step is to submit those papers to the New Mexico courthouse. There are two ways to submit the papers in the small claims court of New Mexico.
If you are living in the same county where you are submitting the small claims forms then you should take the documents and submit them by hand. It is the fastest way to get the trial date. The court clerk will stamp your document and give you the trial date. If you are submitting the case in a court that is not nearby you, then you have to send the document as a certified mail with the court fee. As the New Mexico court receives the small claims documents, the court clerk will stamp the document and assign the trial date, and mail it back to you.
Once you get the trial date, the next step is to serve the documents to the defendant. There are two ways to serve the defendant. The first way is you ask New Mexico court to serve using the court fee you have submitted.
The court will use the fee and send the documents to the defendant via Certified Mail. You can choose a private processing server. In addition to bringing claims against the state government, injured persons can bring claims against local or municipal government bodies in New Mexico. These claims begin by giving notice to the local government body, which must be presented within 90 days of the date of injury or property damage. Notice, according to Section of the New Mexico Statutes, must include a written description of the time and place of the injury or loss, as well as a description of what happened.
Once notice is filed, the government will decide whether to pay the claim or to deny it. If the claim is denied, the injured person has two years from the date of injury to file a lawsuit in court.
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Grow Your Legal Practice. Meet the Editors. Online Education Center. Small Claims, Name Change, Copyrights. Living Wills, Divorce, Trademark, and much more. Online Document Prepartation Firm. You can trust that our content is credible and timely updated. Simply select your topic and receive key information that will help you make a much percise decision. Small Claims State Research. 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.
Find Registered Agents. Learn more by clicking here. Once your Small Claims is drafted, we will send you the doucments with instrcutions. Once the small claims case is filed and served upon the defendant, the defendant has 30 days to file and answer with the courts.
If the defendant fails to respond to the small claims case filed against them, you win by default. In New Mexico, the state courts can hear claims of any size.
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