What Is the Statute of Limitations for Breach Of A Written Contract in New Mexico?
In New Mexico, the statute of limitations for breach of a written contract is generally 6 years under NMSA 1978, § 37-1-3.
Breach of a written contract Deadlines in New Mexico
How long do you have to file a breach of a written contract claim in New Mexico?
In New Mexico, the statute of limitations for breach of a written contract is generally 6 years under NMSA 1978, § 37-1-3.
When does the clock start for breach of a written contract in New Mexico?
Six years on a written instrument.
Can the New Mexico deadline for breach of a written contract be extended?
Griffith v. Humble holds a mortgage is a contract in writing within the six-year section. Cunningham v. Fiske holds a published offer of reward is not. Sale-of-goods and warranty claims run four years under § 55-2-725.
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 a written contract?
New Mexico's 6 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for breach of a written contract ranges from 3 years to 10 years, and 6 years is the most common. Compare all states →
What Does Written Contract Cover?
Situations that typically fall under the breach of a written contract deadline in New Mexico:
