How to Fill Out Form 4-301 in New Mexico (Answer to Civil Complaint)

Form 4-301 is the official Answer to Civil Complaint used in every New Mexico Magistrate Court and the Bernalillo County Metropolitan Court. It's the document that keeps a default judgment from being entered against you — and filling it out wrong can be nearly as damaging as not filing at all. Here's how to complete each section correctly.

Where to Get the Form

Download Form 4-301 for free from nmcourts.gov under the Civil Forms library. You may also have received a blank copy in your service packet alongside the summons and complaint. The Bernalillo County Metropolitan Court Self-Help Center at 401 Lomas Blvd NW, Room 210, Albuquerque (505-841-9817) can provide printed copies and explain how to fill in the blanks — though staff cannot tell you what to write.

Form 4-302 is an alternative version specific to Metropolitan Court, but Form 4-301 works in both court systems.

The Caption Block

Copy the information exactly as it appears on your summons:

• Court name — the specific Magistrate Court or Bernalillo County Metropolitan Court
• Case number — formatted like M-54-CV-2026-00123 (Magistrate) or C-1-CV-2026-00456 (Metropolitan)
• Plaintiff and Defendant names — match the spelling on the complaint, even if it misspells your name (you can note corrections in the body)

Responding to Each Allegation

The complaint contains numbered paragraphs. Form 4-301 requires you to address every one individually. For each paragraph, you have three options:

Admit — Use this for facts you know are true. Admitting that you entered into a contract with the plaintiff, for example, doesn't mean you're admitting you breached it. Be specific about what you're admitting.

Deny — Dispute anything that's inaccurate, exaggerated, or unproven. If the plaintiff claims you caused $8,000 in damages but you believe the real number is $2,000, deny the $8,000 figure and state what you believe is accurate.

Insufficient knowledge — For allegations you genuinely cannot confirm or deny (a claim about something you weren't present for, or a damage estimate you have no way to verify). This operates as a denial under New Mexico procedure.

A common mistake is writing a blanket "I deny everything." New Mexico courts expect paragraph-by-paragraph responses. A general denial can work procedurally, but it weakens your position because the judge has no idea which facts you're actually contesting.

Affirmative Defenses

After addressing each allegation, Form 4-301 includes space for affirmative defenses — legal reasons the plaintiff shouldn't recover even if their factual claims are true. Common defenses in New Mexico small claims cases include:

• Statute of limitations — Six years for written contracts (NMSA § 37-1-3), four years for oral agreements (§ 37-1-4)
• Payment — You already paid the amount claimed
• Accord and satisfaction — Both parties agreed to settle the dispute for a different amount
• Release — The plaintiff signed a waiver or release of claims
• Failure of consideration — The plaintiff didn't deliver what the contract promised

List every defense that applies. If you skip an affirmative defense, you generally can't raise it for the first time at trial.

Adding a Counterclaim

If the plaintiff owes you money from the same transaction, include your counterclaim in the answer. Under Rule 1-013(A) NMRA, claims arising from the same dispute are compulsory — you must raise them now or lose the right to sue over them later.

Your counterclaim can't exceed $10,000 in Magistrate or Metropolitan Court. If your damages are higher, you'll need to either waive the excess or file a motion to transfer the case to District Court.

The Certificate of Service

The bottom of Form 4-301 has a Certificate of Service block. After filing your answer with the court clerk, you must serve a copy on the plaintiff (or their attorney if they have one) by hand delivery or mail. Fill in the date and method of service, then sign.

Filing the Completed Form

Metropolitan Court accepts filings in person at the Civil Customer Service counter, by email at [email protected], or by fax at 505-222-4831.

Magistrate Courts generally require in-person or mail filing. Bring the original for the court file plus two copies — one for your records and one to serve on the plaintiff.

There is no filing fee for a standard answer. Fees only apply if you're adding a counterclaim or demanding a jury trial, and even those can be waived by filing Form 4-222 (Application for Free Process) if you qualify.

Avoid These Common Mistakes

Sending an informal letter to the judge instead of filing Form 4-301 doesn't count as an answer. Neither does an email to the clerk explaining your side of the story. The court requires the official form, filed with the clerk, within your 20-day deadline.

The Responding to a Small Claims Case in New Mexico guide includes a Form 4-301 Preparation Worksheet that walks you through each section with plain-language prompts, helping you organize your admissions, denials, and defenses before you fill in the official form.

See more New Mexico guides →