All jurisdictions

New Mexico

In New Mexico, the statute of limitations on a written contract is 6 years under NMSA 1978, §§ 37-1-3, 37-1-4.

Written contract

6 yr

Oral contract

4 yr

Open account

4 yr

Promissory note

6 yr

When does the clock start?

For an open current account, NMSA 1978, § 37-1-6: "Where there is an open current account the cause of action shall be deemed to have accrued upon the date of the last item therein, as proved on the trial." Otherwise on breach. Under § 37-1-16, a partial or installment payment, a written admission that the debt is unpaid, or a written new promise resets accrual. UNVERIFIED — I could not read § 37-1-6 or § 37-1-16 at any source I could reach.

What pauses it?

NMSA 1978, § 37-1-9 (debtor absent from or out of the state, or concealed within it, at any time after the debt was incurred or the cause accrued — that time is not counted); § 37-1-10 (minors and incapacitated persons get one year after the incapacity terminates). UNVERIFIED — I could not reach either section.

Last reviewed 2026-07-26

This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.