State file — New Mexico
Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.
| How long they have to sue you — credit-card debt | 6 years (written contract) / 4 years (open account) · NMSA 1978 §§ 37-1-3, 37-1-4 From a secondary source — double-check before you rely on it §37-1-3: actions on a bond, promissory note or other contract in writing within 6 years. §37-1-4: actions founded upon accounts and unwritten contracts within 4 years. Split confirmed in multiple secondary sources quoting the statutes; official nmlegis.gov text was not retrieved this pass. Contested: Open accounts and unwritten contracts are 4 years under §37-1-4 and written contracts are 6 years under §37-1-3; collectors argue a signed card agreement makes a card claim written (6 years). |
| If the clock has run out | Paying part of it, or signing a written statement that the debt is yours, can restart it. NMSA 1978 § 37-1-16 From a secondary source — double-check before you rely on it Contract causes of action are revived by any partial or installment payment, OR by an admission that the debt is unpaid / a new promise to pay — but the admission or new promise must be in writing signed by the party to be charged. Cause is deemed to accrue on the date of payment, admission or promise. |
| Deadline to answer a lawsuit | 30 days after service of summons and complaint · N.M. R. Civ. P. 1-012(A) From a secondary source — double-check before you rely on it |
| Taking your paycheck (wage garnishment) | More protective than the federal cap. Lesser of 25% of disposable earnings OR the amount by which weekly disposable earnings exceed 40 times the highest applicable (federal, state or local) minimum hourly wage where the wages were earned — a more generous floor than the federal 30x rule because New Mexico uses the highest applicable minimum wage. NMSA 1978 § 35-12-7 From a secondary source — double-check before you rely on it |
| Taking your bank account (a levy) | Bank-account garnishment is a one-time levy on funds held when the writ is served; no percentage cap applies to non-wage funds and the full balance up to the judgment can be frozen, subject to exemptions the debtor affirmatively claims (general personal-property exemptions, NMSA §§ 42-10-1 to -2) and exempt-benefit protections. No New Mexico bank-account-specific dollar exemption was located this pass. NMSA 1978 §§ 35-12-1 et seq.; 42-10-1 From a secondary source — double-check before you rely on it Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212). |
| Original creditor calling? | No equivalent statute found. The federal FDCPA binds third-party collectors and debt buyers in New Mexico, and federal law still bans deceptive practices by the bank itself. |
| How long a judgment lasts | 14 years — No renewal mechanism identified; an action on a judgment must be brought within 14 years and a judgment lien on real estate expires after 14 years. · NMSA 1978 §§ 37-1-2; 39-1-6 From a secondary source — double-check before you rely on it |
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6 years (written contract) / 4 years (open account) under NMSA 1978 §§ 37-1-3, 37-1-4. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).
Paying part of it, or signing a written statement that the debt is yours, can restart it. (NMSA 1978 § 37-1-16).
30 days after service of summons and complaint (N.M. R. Civ. P. 1-012(A)). Most of these cases are lost by default — by never answering at all.
Lesser of 25% of disposable earnings OR the amount by which weekly disposable earnings exceed 40 times the highest applicable (federal, state or local) minimum hourly wage where the wages were earned — a more generous floor than the federal 30x rule because New Mexico uses the highest applicable minimum wage. (NMSA 1978 § 35-12-7).