New Mexico Statute of Limitations
Time limits for filing civil lawsuits in New Mexico. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 6 years (N.M. Stat. § 37-1-3).
- Oral Contracts: 6 years (N.M. Stat. § 37-1-3).
- Personal Injury: 3 years (N.M. Stat. § 37-1-8).
- Property Damage: 4 years (N.M. Stat. § 37-1-4).
New Mexico Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 6 years | N.M. Stat. § 37-1-3 | Accrues on the date of breach. |
| Oral Contracts | 6 years | N.M. Stat. § 37-1-3 | Same period as written contracts. |
| Personal Injury | 3 years | N.M. Stat. § 37-1-8 | Accrues on the date of injury. |
| Property Damage | 4 years | N.M. Stat. § 37-1-4 | Accrues when damage occurs. |
| Medical Malpractice | 3 years | N.M. Stat. § 41-5-13 | 3 years from the date of the act. Discovery rule applies. |
| Debt Collection | 6 years | N.M. Stat. § 37-1-3 | 6 years for all debt types. |
| Fraud | 4 years | N.M. Stat. § 37-1-4 | 4 years from discovery of the fraud. |
General Notes for New Mexico
New Mexico provides 6 years for contract claims and 3 years for personal injury. The Medical Malpractice Act governs medical negligence claims and includes a mandatory review process. The discovery rule applies to medical malpractice and fraud claims.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for debt in New Mexico?
New Mexico allows 6 years for creditors to sue on debts, whether written or oral.
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How long do I have for a personal injury claim in New Mexico?
You have 3 years from the date of injury to file a personal injury lawsuit in New Mexico.
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Does New Mexico have a Medical Malpractice Act?
Yes. New Mexico's Medical Malpractice Act requires that claims against qualified healthcare providers go through a mandatory review process before a court action can be filed.