Default judgment in New Mexico: how to set it aside

Missed the deadline? Here is how to ask the court to cancel the default.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. Magistrate or Metropolitan Court: file a Motion to Set Aside Default Judgment (Form 4-704) within 30 days after the judgment, giving your excuse for the default and stating that you have a defense.

Shortest time to ask
30 days (Magistrate or Metropolitan Court: Motion to Set Aside)
Time to answer
20 days

How a default happens in New Mexico

If you do not file a written response within the time allowed, no court date is set and the court may enter a default judgment for the money the plaintiff asked for. You lose the case and owe the plaintiff.

Canceling a default judgment in New Mexico

Magistrate or Metropolitan Court: file a Motion to Set Aside Default Judgment (Form 4-704) within 30 days after the judgment, giving your excuse for the default and stating that you have a defense. District Court: ask to set aside the default for good cause; after a default judgment, move under Rule 1-060(B) within a reasonable time, and for mistake, excusable neglect, newly discovered evidence or fraud within 1 year.

Law: Rule 1-055(C); Rules 2-702, 3-702 NMRA (Form 4-704); Rules 1-055(C), 1-060(B) NMRA

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Interest and how long it lasts in New Mexico

Interest after the judgment

8.75% a year from the date the judgment is entered, unless the judgment is based on a written contract with a different interest rate (then no higher than the contract rate) or on wrongful (tortious), bad-faith or intentional conduct (15%).

How long it lasts

A creditor has 14 years from the date of the judgment to bring an action on it.

Law: NMSA 1978, § 56-8-4(A); NMSA 1978, § 37-1-2

After a judgment in New Mexico

Mediation and settlement in New Mexico

Bernalillo County Metropolitan Court has a Mediation Division with about 75 trained volunteer mediators who serve free of charge. You can ask for it by writing 'request mediation' on your answer.

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Steps after a default in New Mexico

  1. Get the judgment papers

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Act within the time limit

    New Mexico's rule: Magistrate or Metropolitan Court: file a Motion to Set Aside Default Judgment (Form 4-704) within 30 days after the judgment, giving your excuse for the default and stating that you have a defense.

  3. Explain why and show a defense

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Watch for garnishment

    Read After a judgment in New Mexico.

Where to get free help in New Mexico

Questions about default judgments in New Mexico

How many days do I get to answer in New Mexico?

Magistrate or Metropolitan Court: file a written answer within 20 days after the summons is served on you. District Court: file a written response within 30 days after you are served.

Can the plaintiff win by default in New Mexico?

If you do not file a written response within the time allowed, no court date is set and the court may enter a default judgment for the money the plaintiff asked for. You lose the case and owe the plaintiff.

Can I cancel a default judgment in New Mexico?

Magistrate or Metropolitan Court: file a Motion to Set Aside Default Judgment (Form 4-704) within 30 days after the judgment, giving your excuse for the default and stating that you have a defense. District Court: ask to set aside the default for good cause; after a default judgment, move under Rule 1-060(B) within a reasonable time, and for mistake, excusable neglect, newly discovered evidence or fraud within 1 year.

Keep reading about New Mexico

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources