Q: Do I need to file a motion to request a damages hearing after an eviction judgment in NM?

A: Yes, in New Mexico, if your eviction judgment included a provision that a damages hearing would be issued “upon request,” then you do need to take action to request it. This typically means filing a formal motion or request with the court that issued the original judgment. The court won’t schedule a damages hearing automatically unless you follow through with that step.

To proceed, you should file a motion requesting a hearing for damages, specifying the amounts you are seeking for unpaid rent, repairs, or any other losses related to the tenancy. You may be able to use a general motion form available from the local magistrate or metropolitan court, or you can draft your own motion as long as it clearly identifies the case number, parties involved, and the specific relief you are asking for. Include any documentation or evidence you plan to present at the hearing.

It’s best to act promptly. While New Mexico does not have a strict statewide deadline for this type of request, courts expect reasonable timeliness after the eviction order. If too much time passes, the court may view the request as waived. Contact the court clerk for guidance on the specific form and filing procedure if you’re unsure—they can point you in the right direction. You've already taken the first step by winning the eviction case, and now it's just a matter of following through to pursue the damages owed.