SERVICE OF PROCESS

The New Mexico Secretary of State serves as the agent for service of process for domestic and foreign (out of state) corporations and limited liability companies in certain limited statutory instances. Service may be made through the Office of the Secretary of State, Operations Division. The Secretary of State carries out this function under the authority of the New Mexico Statutes Annotated 38-1-5 NMSA, 38-1-5.1 NMSA, 38-1-6 NMSA, 38.1-6.1 NMSA, 53-17-15 NMSA, 53-14-7 NMSA. In order to ensure that your service is complete and, to avoid any delays, the Secretary of State recommends before serving process to review the statutes listed below at the bottom of the page.

Requirements for Service of Process

1. Two copies of the process (summons and complaint)

2. Affidavit citing the statute under which the service is to be served and fulfilling the mandated elements listed within the statute

3. $25.00 processing fee in check or money order

4. Last known address of the defendant being served

*****No process will be forwarded until all of the above requirements are met.*****

 

Reasons for Refusal

1. Insufficient number of copies of the summons and complaint

2. No address listed for the defendant

3. $25.00 processing fee not included

4. No affidavit

5. Attempting to use the office instead of following another state's subpoena rules

 

To view statutes click below.

38-1-5 NMSA

38-1-5.1 NMSA

38-1-6 NMSA

38-1-6.1 NMSA

53-17-15 NMSA

53-14-7 NMSA