Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.
New Mexico eviction at a glance
| Court | Magistrate court or Bernalillo County Metropolitan Court |
|---|
New Mexico evictions are heard in the magistrate court or Bernalillo County Metropolitan Court. Before filing for unpaid rent, the landlord must give the notice required by NMSA §47-8-33.
Step by step
- Notice for unpaid rent. A written 3-day notice of nonpayment and intent to terminate; paying before it expires bars the case. (NMSA §47-8-33)
- File in court. If the tenant doesn't pay or move out, file the eviction case in the magistrate court or Bernalillo County Metropolitan Court. Ask the clerk for current filing and service fees. (New Mexico Courts)
- Hearing, judgment and removal. After the tenant is served, the court sets a hearing. If the landlord wins, removal happens only through the court's order or writ, carried out by a law enforcement officer. Exact timelines are in the court's self-help materials. (New Mexico Courts)
Statewide fees
| Eviction filing fee | Not verified Set by each court or county; no single statewide figure published |
|---|---|
| Service of process and writ / removal | Not verified Set by the county sheriff, marshal or constable |
Fees vary by court or county. For any county we haven't verified, call the clerk before filing.
About the missing details
Why it's missing: We only list eviction court fees published by an official source. New Mexico hasn't published its local filing, service and writ fees online in a form we could verify, so call the clerk of the magistrate court or bernalillo county metropolitan court to confirm before you file.
General information
Not specific to New Mexico
Across the 21 counties where we've read the official fee schedule, the eviction filing fee runs from $41 to $322. Sheriff or constable service usually adds a per-tenant charge, and a writ of possession adds another. Statewide fixed filing fees we've verified: California $240 (claims up to $10,000), Connecticut $175, Delaware $45, Florida $185, Texas $54.
Closest place with verified data
Pima County, AZ (about 379 miles away): eviction complaint ($41 statutory + $10 automation + $20 operations) $71
Call or visit the official office
New Mexico Courts · Official website
Ask for the clerk's office for the court that handles evictions in your county.
Know the current fee? Tell us. We check every tip against an official source before publishing it.
Official resources
All New Mexico counties
Counties without verified local fees show the statewide rules above.
- Bernalillo County
- Catron County
- Chaves County
- Cibola County
- Colfax County
- Curry County
- De Baca County
- Doña Ana County
- Eddy County
- Grant County
- Guadalupe County
- Harding County
- Hidalgo County
- Lea County
- Lincoln County
- Los Alamos County
- Luna County
- McKinley County
- Mora County
- Otero County
- Quay County
- Rio Arriba County
- Roosevelt County
- Sandoval County
- San Juan County
- San Miguel County
- Santa Fe County
- Sierra County
- Socorro County
- Taos County
- Torrance County
- Union County
- Valencia County
Frequently asked
Which court handles evictions in New Mexico?
Magistrate court or Bernalillo County Metropolitan Court.
How much notice does a New Mexico landlord have to give?
A written 3-day notice of nonpayment and intent to terminate; paying before it expires bars the case.
How much does it cost to file an eviction in New Mexico?
Fees vary by court or county. For any county we haven't verified, call the clerk before filing.