**STATE OF NEW MEXICO

[COUNTY NAME] COUNTY [MAGISTRATE | METROPOLITAN] COURT
[COURT NUMBER]**

Case No.: ______

SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES

[// GUIDANCE: This template is drafted for New Mexico small-claims matters filed in Magistrate or Metropolitan Court. Confirm the correct court, rule set, and filing fee before use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions (Intentionally Omitted)
VI. Default & Remedies
VII. Risk Allocation (Intentionally Omitted)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Verification
XII. Certificate of Service

I. DOCUMENT HEADER

1. Parties
   1.1 Plaintiff: [PLAINTIFF NAME], whose address is [STREET, CITY, STATE, ZIP].
   1.2 Defendant: [DEFENDANT NAME], whose address is [STREET, CITY, STATE, ZIP].

2. Recitals
   2.1 On or about [DATE], Defendant became indebted to Plaintiff in the amount of $[AMOUNT] for [BASIS OF CLAIM].
   2.2 Despite demand, Defendant has failed and refused to pay the indebtedness.

3. Jurisdiction & Venue
   3.1 This Court has jurisdiction under N.M. Stat. Ann. § 35-3-3(A) (monetary claims not exceeding $10,000).
   3.2 Venue is proper because [VENUE FACTS—e.g., transaction occurred or Defendant resides in this county].

4. Monetary Limit Disclosure
   4.1 The amount claimed, inclusive of costs but exclusive of post-judgment interest, does not exceed the $10,000 jurisdictional limit prescribed for New Mexico small-claims proceedings.

II. DEFINITIONS

For purposes of this Complaint:

“Claim” means the monetary demand asserted herein.
“Court” means the [Magistrate | Metropolitan] Court of [County Name] County, State of New Mexico.
“Parties” means collectively Plaintiff and Defendant.
“Small-Claims Rules” means NMRA Magistrate Rules 2-1 et seq. [or Metro. Court Rules 3-1 et seq., as applicable].

[// GUIDANCE: Keep the definition section concise; over-defining may confuse a small-claims judge.]

III. OPERATIVE PROVISIONS

5. Statement of Claim
   5.1 Plaintiff provided [GOODS / SERVICES / LOAN] to Defendant valued at $[AMOUNT] on [DATE(S)].
   5.2 Defendant agreed to pay Plaintiff the above sum on or before [DUE DATE] but has failed to do so.
   5.3 As a direct result, Plaintiff has sustained monetary damages of $[AMOUNT].

6. Demand for Payment & Default Provision
   6.1 Plaintiff delivered written demand for payment on [DATE OF DEMAND].
   6.2 More than thirty (30) days have elapsed since demand; Defendant remains in default.

7. Accrued Interest (Optional)
   7.1 Pursuant to N.M. Stat. Ann. § 56-8-3, Plaintiff seeks pre-judgment interest at the statutory rate of [X%] per annum from [DATE] to the date of judgment.
   7.2 Post-judgment interest is requested at the statutory rate until paid in full.

IV. REPRESENTATIONS & WARRANTIES

8. Plaintiff represents and warrants that:
   8.1 Plaintiff is the real party in interest and owner of the Claim.
   8.2 The Claim is for a fixed and determinate sum, presently due and owing, and does not exceed $10,000.
   8.3 The Claim is not barred by any applicable statute of limitations.
   8.4 The Claim is not the subject of any other pending litigation or arbitration.

V. COVENANTS & RESTRICTIONS

(Intentionally Omitted – not applicable in small-claims pleadings.)

VI. DEFAULT & REMEDIES

9. Events of Default
   9.1 Failure of Defendant to pay the amount owed constitutes an Event of Default.

10. Requested Relief
    10.1 Judgment in favor of Plaintiff and against Defendant in the principal amount of $[AMOUNT].
    10.2 Pre-judgment and post-judgment interest as allowed by law.
    10.3 Court costs, including filing and service fees.
    10.4 Such other and further relief as the Court deems just and proper.

[// GUIDANCE: Attorney’s fees are not recoverable in NM small-claims unless a statute or contract expressly permits. Include only if applicable.]

VII. RISK ALLOCATION

(Intentionally Omitted – indemnification and liability caps are not applicable in small-claims court.)

VIII. DISPUTE RESOLUTION

11. Governing Law
    11.1 This matter is governed by the laws of the State of New Mexico.

12. Forum Selection
    12.1 Exclusive venue lies in the [COUNTY NAME] County [Magistrate | Metropolitan] Court, Small-Claims Division.

13. Arbitration & Jury
    13.1 Arbitration is not applicable. A jury trial is unavailable in New Mexico small-claims proceedings.

14. Appeal Rights
    14.1 Either party may appeal the final judgment de novo to the District Court pursuant to N.M. Stat. Ann. § 34-8A-6 and Rule 2-705 NMRA (Magistrate) [or Metro Rule 3-706 NMRA].

IX. GENERAL PROVISIONS

15. Amendments
    15.1 Plaintiff reserves the right to amend this Complaint pursuant to Rule 2-302 NMRA (Magistrate) [or Rule 3-202 NMRA (Metropolitan)].

16. Severability
    16.1 If any provision herein is determined unenforceable, the remaining provisions shall continue in full force.

17. Integration
    17.1 This Complaint embodies the entire statement of Plaintiff’s Claim.

X. EXECUTION BLOCK

Respectfully submitted on this ___ day of _, 20.

[PLAINTIFF NAME]
Plaintiff, Pro Se [or “By Counsel”]
[ADDRESS]
[PHONE]
[EMAIL]

[// GUIDANCE: If counsel appears, insert attorney signature block per NMRA Rule 1-011 standards, including bar number.]

XI. VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in the foregoing action; that I have read the Complaint; and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

SUBSCRIBED AND SWORN before me this ___ day of _, 20.

Notary Public
My Commission Expires: ____

XII. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Complaint, together with the Court-approved Summons, was served upon Defendant as follows:

☐ By personal service through [PROCESS SERVER NAME] on [DATE].
☐ By certified mail, return receipt requested, sent on [DATE]; signed receipt received on [DATE].

[PLAINTIFF NAME / PLAINTIFF’S COUNSEL]

[// GUIDANCE: Proper service is critical. Follow NMRA Rule 2-202 (Magistrate) or 3-202 (Metro) for allowed methods.]

© 20___ [PLAINTIFF/LAW FIRM NAME]. Template provided for legal use; further customization and local-rule review required.