New Mexico Statutes of Limitations
What is the statute of limitations for your legal rights in New Mexico?
Statute of Limitation Laws in New Mexico
In order to convict you of an offense or sue you for monetary gain, your crime, tort or contractual agreement must fall within a certain time-line allowed by law. An New Mexico law on statute of limitations is simply that time which is allotted by the law as written by the state of New Mexico within which you can be convicted or held liable for a debt.
Below is the New Mexico statute of limitations listings for a number of different offenses and torts. While this list is updated regularly, often-times laws in every state get modified, repealed, amended or changed by legislation. Please consult with a qualified New Mexico attorney in this and any other legal matter.
We have found a service where you can ask your legal question for free and get responses only from qualified New Mexico lawyers in that particular field. The form below will help you get started by simply entering your NM zip code to find a New Mexico state criminal defense, or civil lawyer near you.
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| Type of Offense | Length of Statute |
|---|---|
| Any capital offense: | No Limit |
| Rape: | No Limit |
| Drug trafficking: | 6 Years |
| Forgery (felony): | 6 Years |
| Counterfeiting(felony): | 6 Years |
| Contracts: | 6 years |
| Injury to personal property: | 4 Years |
| Open accounts for debt collections: | 4 Years |
| Wrongful Death: | 2 Years |
| Medical Malpractice Actions: | In New Mexico, patients have three (3) years from the time the medical malpractice occurred that resulted in any injury or untimely death. Children under the age of 6 have until their 9th birthday to file a claim. Code Section § 41-5-13 |
| Fraud: | 4 years from when the fraud was or reasonably should have been discovered. |
| Intentional Torts: | 2 Years |
| Libel | Slander | Defamation: | 3 Years |
| Personal Injury Actions: | 2 years from the date of injury |
| Oral Agreements: | 4 Years |
| Rules for Minors: | Limitation period begins to run on the minors 18th birthday, except in cases of medical malpractice or wrongful death |
| Products Liability Actions: | Within 1 year of the date the injury occurred. Or if the injury is not discovered right away, the plaintiff has within 1 year the injury is, or should have been discovered, to file a law suit |
| Complete New Mexico criminal revised statute of limitations can be found on the New Mexico Criminal Statute of Limitations page. | |
Disclaimer: Statute of Limitation laws in every state get modified, repealed, amended, and/or changed by the legislature of that states jurisdiction. The authors and webmaster of StatuteofLimitation.info have made every effort to post the most current laws. Please use this site as a general reference and for comparison purposes. Do not substitute any information from this site for advice you would get from a qualified legal professional
New Mexico Fair Debt Collection Practices Act
In order for an New Mexico debt collector or debt buyer to sue you to collect a debt they have to do that within the time limits that the state of New Mexico law requires. This is what is known as the statute of limitations. If they sue you outside of that statute of limitations then that may violate the Fair Debt Collection Practices Act. Even threatening to sue you beyond the statute of limitations can also be considered a Fair Debt Collection Practices Act (FDCPA) violation.
If you are dealing with an unscrupulous New Mexico debt collector that is threatening you with a lawsuit, whether verbal or written, for an old debt, then you need to look at the New Mexico statute of limitations if that debt collector has a potential case against you or has potentially violated the FDCP Act.
US State Statute of Limitations
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