N.M. Stat. Ann. § 47-8-10
Judicial jurisdiction.
Operative Text
47-8-10. Judicial jurisdiction.
A. The district or magistrate court of this state may exercise jurisdiction over any
person with respect to any conduct in this state governed by the Uniform Owner-
Resident Relations Act or with respect to any claim arising from a transaction subject to
this act for a dwelling unit located within its jurisdictional boundaries. In addition to any
other method provided by rule or by statute, personal jurisdiction over a person may be
acquired in a civil action or proceeding instituted in the district or magistrate court by the
service of process in the manner provided by this section.
B. If a person is not a resident of this state or is a corporation not authorized to do
business in this state and engages in any conduct in this state governed by the Uniform
Owner-Resident Relations Act, or engages in a transaction subject to this act, he may
designate an agent upon whom service of process may be made in this state. The
agent shall be a resident of this state or a corporation authorized to do business in this
state. The designation shall be in writing and shall be filed with the secretary of state. If
no designation is made and filed or if process cannot be served in this state upon the
designated agent, process may be served upon the secretary of state, but service upon
him is not effective unless the plaintiff or petitioner immediately mails a copy of the
process and pleading by registered or certified mail to the defendant or respondent at
his last reasonably ascertainable address. An affidavit of compliance with this section
shall be filed with the clerk of the court on or before the return day of the process, if any,
or within any further time the court allows.
History: 1953 Comp., § 70-7-10, enacted by Laws 1975, ch. 38, § 10.Section 47-8-10 of New Mexico's Uniform Owner-Resident Relations Act establishes which courts have authority to hear disputes arising from residential rental relationships and how those courts may reach parties who are outside the state. District and magistrate courts can exercise jurisdiction over anyone whose conduct or transactions fall under the Act, as long as the dwelling unit is within their geographic boundaries. For out-of-state individuals or corporations not authorized to do business in New Mexico, the law provides a mechanism—including service through the Secretary of State—to bring them within the court's reach even if they cannot be served locally.
Plain English — not legal advice.
Under NMSA 47-8-10, property owners or management companies that are based outside New Mexico, or that are corporations not registered to do business in the state, are still subject to New Mexico court jurisdiction for matters governed by the Uniform Owner-Resident Relations Act. Compliant out-of-state operators typically file a written designation of an in-state agent for service of process with the Secretary of State, ensuring that legal notices can be properly delivered. Maintaining a current, valid agent designation helps avoid situations where process is served on the Secretary of State and then must be forwarded by registered or certified mail to a last-known address.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-10 means that tenants in New Mexico can pursue claims under the Uniform Owner-Resident Relations Act in district or magistrate court even when a landlord lives out of state or is a corporation not registered in New Mexico. The law provides a path for courts to reach those landlords—including through the Secretary of State—so that an out-of-state owner's location does not automatically block a tenant from accessing the courts. Tenants who are unsure how to initiate or serve process in such a situation may find guidance through a local tenant-rights organization or a legal aid office familiar with NMSA 47-8-10 procedures.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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