How to file a private lawsuit in Metro or Magistrate small claims court
DISCLAIMER: This information is not intended to serve as legal
advice nor is it meant to be a substitute for the advice of a private attorney selected
by you. Furthermore, this information is not meant to address every aspect of your
situation, as every complaint and situation varies. Please use this information
only as a guide to understanding the options available to you in resolving your
dispute.
Metropolitan Court, also called “Metro Court”, is a small claims court
that can only consider cases where the plaintiff or defendant lives in Bernalillo
County or the action happened in Bernalillo County. Cases that do not fall within
Metro Court’s jurisdiction need to be filed with the Magistrate Court of the
county in which the plaintiff or defendant lives, or the county in which the action
happened. The most common types of cases handled by Metro and Magistrate Courts
are:
- Landlord/tenant disputes;
- Unsettled debts;
- Auto accidents;
- Personal injury claims;
- Property damage claims; and
- Contract disputes.
By law, Metro and Magistrate Courts cannot consider any cases related to:
- Domestic relations, such as divorce, custody, support or adoption;
- Malicious prosecution;
- Libel or slander;
- Title to land or boundary disputes;
- Misconduct by public officers;
- Restraining orders or injunctions; and
- Any case where the amount of money claimed by one party exceeds $10,000.00.
How to File a Lawsuit
If you are filing a lawsuit, you are the plaintiff and the person you are suing
is the defendant. By law a plaintiff can be any person 18 years of age or older,
a business partnership, a company or a corporation. If you are under 18 years of
age, you are a minor and your parent or guardian must file the lawsuit on your behalf.
To file your lawsuit you must fill out a civil complaint form, which can be obtained
from your Metro or Magistrate Court clerk’s office. In the civil complaint
the plaintiff must provide: the name and physical address of the plaintiff and the
defendant; the amount being claimed; and a brief description of the claim. Note:
court employees cannot fill out forms or give legal advice. Once the civil complaint
form is completed it must be returned to the court clerk’s office to be filed.
Anyone that files a lawsuit has to pay court fees. The filing fee for Metro Court
was $67.00 as of January 2007. Additional fees can be accrued if a trial by jury
is requested or if you have a police officer or a private process server deliver
the service packet.