How to Get a Default Judgment in New Mexico Small Claims Court

When You Can Request a Default Judgment

A default judgment is what happens when the defendant doesn't play their part. After you properly serve the summons and complaint, the defendant has 20 calendar days after service, excluding the day of service, to file a written Answer with the court. If that deadline passes with no response, you can ask the court to enter judgment in your favor.

This is governed by Rule 2-702 NMRA for Magistrate Courts and Rule 3-702 NMRA for Metropolitan Court. The standard is the same in both courts.

What You Need to File

A Motion for Default Judgment isn't just a one-page request. The court needs proof that everything was done properly. You'll submit:

1. Motion for Default Judgment. A written request asking the court to enter judgment because the defendant failed to respond within 20 days.

2. Proof of valid service. The executed Return of Service showing the defendant was properly served — either the sheriff's return, the process server's affidavit, or the signed certified mail green card attached to a completed return. Without this, the judge will deny your motion.

3. SCRA non-military affidavit. Federal law (the Servicemembers Civil Relief Act, 50 U.S.C. § 3931) requires you to verify that the defendant is not on active military duty. Check the Department of Defense SCRA website and attach a printout of the results as your affidavit.

4. Proof of damages. A sworn affidavit or documentary evidence establishing how much the defendant owes you. Attach invoices, contracts, repair estimates, receipts — the same evidence you'd present at trial.

What the Judge Reviews

The judge doesn't automatically rubber-stamp your request. They'll verify that:

• Service was valid and the 20-day window has expired
• The complaint states a proper cause of action
• Your claimed damages are supported by evidence
• The SCRA check was performed

If something is missing or the complaint doesn't hold up on its face, the judge can deny the motion. This sometimes catches plaintiffs off guard — you still need a solid case, even when the defendant doesn't show up.

The 30-Day Set-Aside Window

A default judgment isn't always permanent. Under Rule 2-702(C) and Rule 3-702(C), the defendant can file a motion to set aside the default judgment within 30 calendar days after entry, if they can show good cause for their failure to respond and no appeal has been taken.

Common grounds for setting aside a default include:

• The defendant never actually received the summons (bad address, service on the wrong person)
• Medical emergency or other excusable neglect
• A meritorious defense — the defendant has a real argument if they'd been given the chance to present it

If the court grants the set-aside, your case goes back to square one: the defendant files an Answer, and the court schedules a hearing. You haven't lost your claim — you just have to prove it at trial.

After the Default Judgment

The defendant has 15 calendar days after the judgment is filed to appeal in District Court. Separately, if no appeal has been taken, the defendant may move to set aside the judgment within 30 days of entry.

If the defendant doesn't pay voluntarily, you can pursue enforcement: file a transcript of judgment to create a lien on their property, request a writ of execution, or pursue wage garnishment. Post-judgment interest accrues at 8.75% per year from the date of entry.

The New Mexico Small Claims Filing Guide walks through the entire default judgment process, including what to do if the defendant shows up after you've filed your motion but before the judge rules.

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