The cost of an eviction in New Mexico for all filing, court, and service fees can vary based on service fees. For cases filed in District Court the average cost is $212. For cases filed in Magistrate Court, the filing fee is $157.
| Fee | District | Magistrate |
| Initial Court Filing | $132 | $77 |
| Summons Service | ~$40 | ~$40 |
| Writ of Restitution Service | $40 | $40 |
| Notice of Appeal Filing (Optional) | $505 | $505 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In New Mexico, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Action for Possession”) with the court the following business day.
The filing fee for an initial Action for Possession is $132 for District Court and $77 in Magistrate Court.
2. Summons Service Fee
Once a Complaint is filed in New Mexico, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge $40.[ttip number=’1′ icon=’popover-balance’] The sheriff shall not collect more than one service fee if there are multiple tenants who are being served at the same time and same location. [ttip number=’2′ icon=’popover-balance’] However, a private process server can charge more.
3. Writ of Restitution Service Fee
In New Mexico, if the court rules in favor of the landlord, the court shall issue a Writ of Restitution. The writ is the tenant’s final notice to vacate the premises. A New Mexico sheriff must serve the Writ of Restitution to the tenant. They may charge a service fee of $40. [ttip number=’3′ icon=’popover-balance’]
The sheriff shall not collect more than one service fee if there are multiple tenants who are being served at the same time and same location. [ttip number=’2′ icon=’popover-balance’]
In New Mexico, if a tenant remains at the premises after the writ expires, a sheriff or may execute the writ by removing the tenant from the premises.
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 15 calendar days of the judgment. The eviction will not be postponed unless the tenant pays rent to the landlord or into a special escrow account within 5 calendar days after the Notice of Appeal is filed. The filing fee is $505 for both District and Magistrate Courts.
Sources
- 1 NM Stat § 4-41-16 (2021)
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A. The sheriffs of this state shall be allowed, except from the state or any state agency, the following fees and compensations:
(1) for serving every…summons, not more than forty dollars ($40.00)…
- 2 NM Stat § 4-41-16 (2021)
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No sheriff shall collect more than one of the fees listed in this subsection, regardless of how many documents may be served upon one or more individuals, when those documents are served at the same time and at the same location.
- 3 NM Stat § 4-41-16 (2021)
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A. The sheriffs of this state shall be allowed, except from the state or any state agency, the following fees and compensations:
(1) for serving every…writ, not more than forty dollars ($40.00)…