What Is the Statute of Limitations for Breach Of An Oral Contract in New Mexico?
In New Mexico, the statute of limitations for breach of an oral contract is generally 4 years under NMSA 1978, § 37-1-4.
Breach of an oral contract Deadlines in New Mexico
How long do you have to file a breach of an oral contract claim in New Mexico?
In New Mexico, the statute of limitations for breach of an oral contract is generally 4 years under NMSA 1978, § 37-1-4.
When does the clock start for breach of an oral contract in New Mexico?
Four years on an unwritten contract or an account.
Can the New Mexico deadline for breach of an oral contract be extended?
A 1970 Attorney General opinion holds that even where patients sign written agreements to be responsible for hospital accounts, those accounts remain subject to the four-year period — a written document does not automatically buy six years if the claim is on an account.
Is the deadline different if the claim is against the government in New Mexico?
Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. The New Mexico Tort Claims Act allows two years to bring suit under § 41-4-15, cutting the general three-year injury period. Cozart v. Town of Bernalillo holds this two-year period, rather than the one-year limit in § 37-1-24 for suits against a city, town or…
How does New Mexico compare to other states for breach of an oral contract?
New Mexico's 4 years is in the middle of the range nationally. Across the 44 jurisdictions with a verified figure, the deadline for breach of an oral contract ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →
What Does Breach of Oral Contract Cover?
Situations that typically fall under the breach of an oral contract deadline in New Mexico:
