Statute of Limitations by StateFiling deadlines · cited to statute

New Mexico · civil and criminal deadlines

Statute of limitations: New Mexico

New Mexico gives 3 years for personal injury, medical malpractice, wrongful death and defamation; 4 years for property damage, oral contracts, accounts and fraud; and 6 years for written contracts. Claims against the state or a local government need written notice within 90 days and suit within 2 years.

Statute of Limitations by State editorial teamUpdated 14 sources

Deadline calculator

New Mexico statute of limitations calculator

Enter the date your claim arose to get the last day to file under New Mexico Statutes Annotated 1978 (NMSA).

Discovered later, a minor, or a government defendant
Is the defendant a government body?
Example

New Mexico · Personal injury: file no later than

Wednesday, April 19, 2028

  • Childhood sexual abuse claims follow § 37-1-30 instead (until the 24th birthday or 3 years after first disclosure to a licensed health care provider).

The calculator adds the state’s period to the start date by the anniversary method and flags weekends and federal holidays. It does not know every exception: accrual, tolling and claim type are legal questions. General information, not legal advice; see the legal disclaimer.

New Mexico statute of limitations by claim

In New Mexico you generally have 3 years to sue for personal injury, 4 years for property damage, 6 years on a written contract and 4 years on an oral one, but only 3 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.

New Mexico statutes of limitations for civil claims (checked November 2026)
ClaimDeadlineStatute
Personal injury3 yearsN.M. Stat. Ann. § 37-1-8Childhood sexual abuse claims follow § 37-1-30 instead (until the 24th birthday or 3 years after first disclosure to a licensed health care provider).
Medical malpractice3 yearsN.M. Stat. Ann. § 41-5-13Occurrence rule for health care providers covered by the Medical Malpractice Act. Minors and incapacitated persons have 1 year after reaching majority or the end of incapacity (amended by Laws 2021, ch. 16).
Wrongful death3 yearsN.M. Stat. Ann. § 41-2-2
Property damage4 yearsN.M. Stat. Ann. § 37-1-4
Written contract6 yearsN.M. Stat. Ann. § 37-1-3(A)Contracts for the sale of goods fall under the UCC's 4-year period (§ 55-2-725).
Oral contract4 yearsN.M. Stat. Ann. § 37-1-4
Credit card / account debt4 yearsN.M. Stat. Ann. §§ 37-1-4, 37-1-6Accounts and unwritten contracts: 4 years; a debt on a written contract: 6 years (§ 37-1-3(A)). Any partial payment, or a signed written admission or new promise, revives a contract claim (§ 37-1-16), but not periods set by the UCC (Autovest v. Agosto, 2025-NMSC-001).
Fraud4 yearsN.M. Stat. Ann. §§ 37-1-4, 37-1-7
Defamation3 yearsN.M. Stat. Ann. § 37-1-8§ 37-1-8 covers 'injury to the person or reputation'; same 3 years for libel and slander.
Product liability3 yearsN.M. Stat. Ann. § 37-1-8Personal injury from a product: 3 years; property damage: 4 years (§ 37-1-4). No product-liability statute of repose was found.

What is different in New Mexico

The Tort Claims Act is the short fuse: 90 days for written notice (6 months for wrongful death) and 2 years to sue, and minority does not pause it except for children under 7. Defamation gets 3 years because the injury statute covers injury to “person or reputation,” longer than almost anywhere else. Childhood sexual abuse survivors may sue until age 24 or 3 years after first disclosing the abuse to a licensed provider, whichever is later.

  • Laws 2026, ch. 21 removed the criminal time limit for second-degree criminal sexual penetration and second-degree criminal sexual contact of a minor. (N.M. Stat. Ann. § 30-1-8(H))[10]
  • Childhood sexual abuse survivors may sue until their 24th birthday or 3 years after first disclosing the abuse to a licensed medical or mental health provider, whichever is later. (N.M. Stat. Ann. § 37-1-30)[11]
  • Tort claims against the state or local governments need written notice within 90 days and suit within 2 years, and minority does not toll except for children under 7. (N.M. Stat. Ann. §§ 41-4-15, 41-4-16)[12]
  • A debt revived by partial payment under § 37-1-16 does not apply to UCC limitation periods, such as car installment deficiency suits (Autovest v. Agosto, 2025-NMSC-001). (N.M. Stat. Ann. §§ 37-1-16, 37-1-17)[13]

When the clock starts and stops

By statute, fraud, mistake and property claims accrue on discovery (§ 37-1-7). Courts also apply a discovery rule to personal injury under § 37-1-8. Medical malpractice under the Medical Malpractice Act uses an occurrence rule. (N.M. Stat. Ann. §§ 37-1-7, 41-5-13)

Minors. New Mexico pauses the clock for minors only in limited situations. Minors and incapacitated persons get 1 year after the disability ends (or the normal period, if longer). Medical malpractice: same 1 year after majority (§ 41-5-13). Tort Claims Act: a child under 7 has until the 9th birthday; otherwise minority does not toll (§ 41-4-15).[6]

Other tolling. Time a debtor or defendant is absent from New Mexico or concealed is not counted (§ 37-1-9).

Suing the government in New Mexico

Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]

Notice and suit deadlines for claims against New Mexico government
DefendantDeadlineStatute
State agenciesWritten notice to the Risk Management Division within 90 days after the occurrence (6 months for wrongful death)Within 2 years after the occurrence; a child under 7 has until the 9th birthday (§ 41-4-15). Actual notice by the entity can excuse written notice.N.M. Stat. Ann. § 41-4-16
Cities, counties and other local entitiesWritten notice within 90 days to the mayor (city), county clerk (county), superintendent (school district) or administrative head of other local bodies (6 months for wrongful death)Within 2 years after the occurrence (§ 41-4-15)N.M. Stat. Ann. § 41-4-16

Criminal statute of limitations in New Mexico

Most felonies in New Mexico: 6 years for second-degree felonies; 5 years for third- and fourth-degree felonies. Misdemeanors: 2 years (misdemeanor); 1 year (petty misdemeanor).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.

New Mexico criminal limitation periods
OffenseTime limitStatute
Felonies6 years for second-degree felonies; 5 years for third- and fourth-degree feloniesCrimes outside the Criminal Code with no stated period: 3 years (§ 30-1-8(G)). Time does not run while the defendant hides or is out of state (§ 30-1-9).N.M. Stat. Ann. § 30-1-8(A)
Misdemeanors2 years (misdemeanor); 1 year (petty misdemeanor)N.M. Stat. Ann. § 30-1-8(B)-(C)
No time limitCapital felonies, first-degree violent felonies, second-degree murder, second-degree criminal sexual penetration, and second-degree criminal sexual contact of a minorN.M. Stat. Ann. § 30-1-8(H)
Sexual assaultNo limit for first- and second-degree criminal sexual penetration (second degree added by Laws 2026, ch. 21); third- and fourth-degree offenses 5 years, tolled until a DNA match. Child victims: no limit for second-degree sexual contact of a minor; for third- and fourth-degree offenses the clock starts at 18 or when reported, whichever is first.N.M. Stat. Ann. §§ 30-1-8(H), 30-1-9.1, 30-1-9.2
TheftNo theft-specific period: follows the felony degree (5 or 6 years) or 2 years for misdemeanor theft; identity theft 5 years from discovery (§ 30-1-8(F)).

Worked example

A crash on Interstate 25 in Albuquerque on April 19, 2025: under the personal injury deadline is April 19, 2028.

For a claim of $10,000 or less, New Mexico’s small claims (Magistrate Court; Bernalillo County Metropolitan Court) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.

Frequently asked questions

How long do you have to sue for personal injury in New Mexico?
3 years under N.M. Stat. Ann. § 37-1-8, usually counted from the date of the injury. Claims against a government body may need a written notice much sooner.
What is the statute of limitations on debt in New Mexico?
4 years (N.M. Stat. Ann. §§ 37-1-4, 37-1-6). Accounts and unwritten contracts: 4 years; a debt on a written contract: 6 years (§ 37-1-3(A)).
Does the statute of limitations pause for minors in New Mexico?
New Mexico pauses the clock for minors only in limited situations. Minors and incapacitated persons get 1 year after the disability ends (or the normal period, if longer). Medical malpractice: same 1 year after majority (§ 41-5-13). Tort Claims Act: a child under 7 has until the 9th birthday; otherwise minority does not toll (§ 41-4-15).
What crimes have no statute of limitations in New Mexico?
Capital felonies, first-degree violent felonies, second-degree murder, second-degree criminal sexual penetration, and second-degree criminal sexual contact of a minor (N.M. Stat. Ann. § 30-1-8(H)).
What is the New Mexico Tort Claims Act notice deadline?
Written notice within 90 days after the occurrence, or 6 months for wrongful death: to the Risk Management Division for state claims, or to the mayor, county clerk or school superintendent for local ones (N.M. Stat. Ann. § 41-4-16). Suit must follow within 2 years (§ 41-4-15). Actual notice by the entity can excuse the written notice.

Sources

  1. N.M. Stat. Ann. § 37-1-8: personal injury limitation period · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  2. N.M. Stat. Ann. § 41-5-13: medical malpractice limitation period · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  3. N.M. Stat. Ann. § 41-2-2: wrongful death limitation period · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  4. N.M. Stat. Ann. § 37-1-3(A): written contract limitation period · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  5. N.M. Stat. Ann. §§ 37-1-4, 37-1-6: credit card / account debt limitation period · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  6. N.M. Stat. Ann. § 37-1-10: tolling for minors · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  7. N.M. Stat. Ann. § 41-4-16: claims against the state · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  8. N.M. Stat. Ann. § 41-4-16: claims against local government · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  9. N.M. Stat. Ann. § 30-1-8(A): criminal limitation periods · New Mexico Statutes Annotated 1978 (NMSA) (official), checked November 2026
  10. N.M. Stat. Ann. § 30-1-8(H) · New Mexico Statutes Annotated 1978 (NMSA), checked November 2026
  11. N.M. Stat. Ann. § 37-1-30 · New Mexico Statutes Annotated 1978 (NMSA), checked November 2026
  12. N.M. Stat. Ann. §§ 41-4-15, 41-4-16 · New Mexico Statutes Annotated 1978 (NMSA), checked November 2026
  13. N.M. Stat. Ann. §§ 37-1-16, 37-1-17 · New Mexico Statutes Annotated 1978 (NMSA), checked November 2026
  14. New Mexico small claims (official court self-help) · New Mexico Judicial Branch, checked November 2026