New Mexico State Process Service

$149 routine - $199 rush

In New Mexico, the rules governing service of process are outlined in Rule 1-004 of the New Mexico Rules of Civil Procedure. These rules ensure that defendants receive proper notice of legal actions against them. Key aspects include:

Who May Serve Process:

• Any individual over 18 years old who is not a party to the action may serve a summons and complaint.
• For specific writs (e.g., attachment, replevin, habeas corpus), service may be performed by a court-designated person or the sheriff of the county where the property or person is located.

Methods of Service:

1. Personal Service: Delivering a copy of the summons and complaint directly to the individual. If the individual refuses, leaving the documents at their location constitutes valid service.
2. Service by Mail or Commercial Courier: Sending the documents to the defendant's address, requiring a signature upon receipt. Service is considered complete on the date the receipt is signed.
3. Substituted Service: If personal or mail service is unsuccessful, delivering the documents to someone over 15 years old residing at the defendant's usual place of abode and mailing a copy to the defendant's last known address.
4. Service at Place of Business: If other methods fail, delivering the documents to the person in charge at the defendant's place of business and mailing copies to both the business and the defendant's last known address.

Service on Entities:

• Corporations and LLCs: Serve an officer, managing or general agent, or any other agent authorized to receive service.
• Partnerships: Serve any general partner.
• Unincorporated Associations: Serve an officer, managing or general agent, or authorized agent.

Service on the State or Political Subdivisions:

• State of New Mexico: Serve the governor and the attorney general.
• State Agencies: Serve the head of the agency and the attorney general.
• Counties: Serve the county clerk.
• Municipalities: Serve the city, town, or village clerk.

Timeframe for Service:

• Service must be made with reasonable diligence.