Setting aside a New Mexico default judgment: a consumer debt pleading failure is written into the rule

New Mexico's catch-all ground for relief from a judgment is not the bare "any other reason" that every other state uses. It carries a named example, and the example is a consumer debt pleading failure.

If you were defaulted on a credit card, medical or other consumer debt in New Mexico, that sentence is the first place to look — and the rule puts no one-year limit on it.

The catch-all, with its named example

N.M. R. Civ. P. 1-060(B)(6):

any other reason justifying relief from the operation of the judgment, including failure of a party who was subject to the provisions of Rule 1-009(J) NMRA to comply with Rules 1-009(J)(1) and 1-017(E) NMRA, and to substantially comply with Form 4-226 NMRA, or to comply with Rule 1-009(J)(2) and 1-017(E), and to substantially comply with Form 4-226A.

Two tracks are named:

Because this sits in ground (6), it is not subject to the one-year cap — the timing sentence limits only grounds (1), (2) and (3). A consumer-debt compliance failure can be raised on reasonable time.

That is an unusual and valuable combination: a named, checkable defect, with the longer clock.

What the pleading rules required

N.M. R. Civ. P. 1-009(J):

Consumer debt claims.

(1) The pleading of a party, acting in the ordinary course of business, whose cause of action is to collect a debt arising out of a transaction in which the money, property, insurance, or services which are the subject of the original transaction are primarily for personal, family, or household purposes, other than medical debt or loans secured by real property, shall comply with Rule 1-009(J)(1), Rule 1-017(E), and Form 4-226 NMRA.

(2) Medical debt claims. The pleading of a party whose cause of action is to collect a medical debt, as defined in NMSA 1978, Section 57-32-2(I), shall comply with Rule 1-009(J)(3), Rule 1-017(E), Form 4-226A, and shall include a copy of the current Attestation of Indigency form promulgated by the New Mexico Superintendent of Insurance.

Note the scope in (1): a debt from a transaction primarily for personal, family, or household purposes, excluding medical debt and loans secured by real property. Medical debt gets its own track under (2) — and that track additionally requires a copy of the current Attestation of Indigency form.

And Rule 1-009(J)(3) adds a document requirement that is easy to check:

Copy to be served and filed. When any instrument of writing on which a consumer debt claim is founded is referred to or relied on in the pleadings, the original or a copy of the instrument shall be served with the pleading and filed with the court unless otherwise excused by the court on a showing of good cause.

If the complaint referred to an agreement or account and no copy was served with it and filed, that is a compliance failure on the face of the file.

Rule 1-009(J)(4) is worth knowing if you are still in time to answer: "An answer responding to a claim for medical debt that complies with Form 4-301A NMRA meets the requirement of Rule 1-009(C)."

The rest of the grounds, and the one-year rule

Rule 1-060(B) carries the familiar six grounds, and the timing sentence reads:

The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one (1) year after the judgment, order, or proceeding was entered or taken. A motion under this paragraph does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court.

Fraud upon the court and an independent action both survive outside the rule.

Entry of default versus judgment

N.M. R. Civ. P. 1-055(C):

Setting aside default. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 1-060 NMRA.

Three days' notice, with a carve-out

New Mexico requires written notice of the application for judgment at least three days before the hearing if you had appeared — with an exception worth noting:

provided, however, that the filing of an appearance and disclaimer of interest shall not be construed as requiring the service of written notice of application for judgment

Filing an appearance and disclaimer of interest does not trigger the notice requirement. That matters mainly in title and lien cases where a party appears only to disclaim.

If you have not been defaulted yet

See responding to a New Mexico complaint. For the limitations defense in a debt case generally, see the limitations defense.

How New Mexico compares

A short checklist

1. Ask first whether this is a consumer or medical debt claim. If it is, Rule 1-060(B)(6) names your ground and carries no one-year limit.
2. Check the pleading against Rule 1-009(J) and the required form — 4-226 for consumer debt, 4-226A for medical debt.
3. In a medical debt case, look for the Attestation of Indigency form. It was required with the pleading.
4. Check whether the instrument was served and filed where the complaint relied on one.
5. Otherwise count one year from entry for mistake, newly discovered evidence and fraud.
6. Establish whether a judgment exists or only an entry of default — good cause has no deadline.
7. Check the three days' notice if you had appeared, unless your appearance was a disclaimer of interest.
8. Get a stay separately. The motion does not suspend the judgment.

Where these rules live

• N.M. R. Civ. P. 1-009 — Pleading special matters
• N.M. R. Civ. P. 1-017 — Parties plaintiff and defendant
• N.M. R. Civ. P. 1-055 — Default
• N.M. R. Civ. P. 1-060 — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and what amounts to substantial compliance or good cause is developed in case law this site doesn't cover.