## How the limitation period applies

The controlling primary authority for New Mexico statutory attorney fees in civil actions - NMSA 1978 § 38-2-1 et seq. is **NMSA 1978, § 38-2-1**.

> **NMSA 1978, § 38-2-1.** In any civil action or proceeding for the collection of a debt where the plaintiff or cross-complainant shall recover a judgment, such plaintiff or cross-complainant shall also be entitled to recover a reasonable attorney's fee.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [NMSA 1978, § 38-2-1 — Attorney's fees in civil actions](https://law.justia.com/codes/new-mexico/2023/nm-stat-conf/civil-procedure/38-2-1/)

All sources are official primary law published by `law.justia.com`.


DocketMath’s Attorney Fee calculator for New Mexico helps you estimate attorney-fee exposure or recovery for a dispute where attorney fees may be...

Attorney Fees Guide for New Mexico

New Mexico American Rule. Strong UPA (mandatory fees + treble damages). No numerical multiplier cap.

Attorney fees, including, but not limited to, the costs of paralegal services, legal clerk services and any other related legal services costs on behalf of a claimant or an employer for a single accidental injury claim, including representation before the workers' compensation administration and the courts on appeal, shall not exceed thirty thousand dollars ($30,000) in calendar year 2025. Beginning January 1, 2027, the maximum allowable attorney fees shall be thirty-two thousand dollars ($32,000), and beginning January 1, 2029, the maximum allowable attorney fees shall increase to thirty-four thousand dollars ($34,000).

42 U.S.C. § 1988 (Civil Rights Attorney's Fees)

Title VII (federal employment discrimination)

Americans with Disabilities Act

Fair Labor Standards Act

New Mexico Human Rights Act

New Mexico Unfair Practices Act

New Mexico Minimum Wage Act

New Mexico Inspection of Public Records Act (IPRA)

New Mexico Anti-SLAPP

New Mexico Open Accounts (debt collection)

New Mexico has no statutory cap on contingency-fee percentages in civil actions. Fees are governed by the reasonableness factors in Rule 16-105 NMRA (New Mexico Rules of Professional Conduct). A contingency-fee agreement must be in a writing signed by the client and must state the method by which the fee is to be determined (Rule 16-105(C) NMRA).

Allows prevailing plaintiff or cross-complainant in debt collection civil actions to recover reasonable attorney fees.

A fee may be contingent on the outcome of the matter for which the service is rendered... A contingent-fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined...