How to Get a Court Fee Waiver in New Mexico Housing Cases

Facing a court case about your housing—such as eviction or rent disputes—can be stressful, especially if you’re worried about court costs. In New Mexico, you may be able to request a court fee waiver so you aren’t kept out of court because you can’t pay upfront. This article explains how New Mexico renters can apply for a waiver, when it might be granted, and which forms to use, in plain language.

When Renters Can Request a Court Fee Waiver

New Mexico courts charge fees for filing court documents—like eviction responses or requests for repairs. However, if you have a low income and cannot afford these fees, the court has a process for you to ask to have these fees waived (not charged) or postponed.

Housing Cases Where Fee Waivers May Apply

• Eviction actions (also called "unlawful detainer" or "forcible entry and detainer" cases)
• Disputes about rent or lease violations
• Requests for court orders about repairs or housing conditions

This process is available in local magistrate, metropolitan, and district courts across New Mexico.

Which Tribunal Handles New Mexico Housing Cases?

Residential landlord-tenant disputes are usually handled in New Mexico’s Magistrate, Metropolitan, or District Courts, depending on your county. The courts operate under the New Mexico Uniform Owner-Resident Relations Act ^[1], the state’s main landlord-tenant law.

How to Request a Court Fee Waiver in New Mexico

To ask for a court fee waiver, you must complete and file official forms with the court clerk. Below is a summary of what’s involved, plus links to the correct forms and tips for filling them out.

Official New Mexico Court Forms for Fee Waivers

• Application for Free Process (Form 4-202A)
  • When to use: When you cannot afford to pay court fees related to filing or defending a housing case.
  • How to use: Fill in your financial information and explain why you cannot pay. Attach documentation of your income such as pay stubs, benefit statements, or tax returns if available. File this form with your initial court document (for example, with your "Answer" to an eviction action).
  • Official Application for Free Process (NM Courts)
• Order on Application for Free Process (Form 4-202B)
  • When to use: Submit this along with your Application for Free Process. The judge will complete this form, granting or denying your request.
  • Official Order on Application for Free Process

What Happens After You Submit the Forms?

• The court reviews your application, sometimes asking for more information or a short hearing.
• If approved, your filing fees are waived or deferred. If denied, you can try to explain your situation or seek legal aid.

The judge’s decision will be noted on the “Order on Application for Free Process” form.

Action Steps: Getting a Court Fee Waiver

• Get Form 4-202A and Form 4-202B from the New Mexico Courts website or your local courthouse.
• Carefully fill in your financial information. Attach proof of your income or benefits if you have them.
• File both forms at the same time as your main court filing (such as your Answer to an eviction notice).
• Wait for the court’s decision. Watch your mail, phone, or email in case the court requests additional information or sets a hearing.

It’s important to act before any court deadlines. Submitting these forms early can help keep your case on track.

FAQ: New Mexico Court Fee Waivers for Renters

1. Who can qualify for a court fee waiver in New Mexico housing cases?
   Most renters with low income, especially those receiving public assistance (like SNAP, SSI, Medicaid, or TANF), or with financial hardship, may qualify. The court reviews your income and expenses to decide.
2. What if my fee waiver application is denied?
   You may ask the judge to reconsider, provide more evidence of your hardship, or contact a local legal aid office for help appealing.
3. Do I need a lawyer to apply for a fee waiver?
   No lawyer is needed to request a court fee waiver. However, legal aid organizations can help you fill out the forms for free.
4. Does a fee waiver mean I have to pay the fees later?
   If the court "waives" your fees, you won’t need to pay them. If the court "defers" your fees, you may need to pay them later, for example, if your financial situation improves.
5. Can I get a fee waiver at any point in the case?
   It's best to request a waiver at the beginning, but you can apply at any time if your financial situation changes during your case.

Conclusion: Key Takeaways for New Mexico Renters

• New Mexico renters facing housing-related court actions can ask the court to waive or defer filing fees.
• Use the official Application for Free Process (Form 4-202A) and Order on Application for Free Process (Form 4-202B).
• Applying early helps ensure your housing case isn’t delayed or dismissed for lack of payment.

If you’re unsure about any step, reach out to your local courthouse or a legal aid service for support.

Need Help? Resources for Renters

• New Mexico Courts: General Information
• Official New Mexico Court Forms
• New Mexico Legal Aid: Free legal assistance for low-income renters
• Uniform Owner-Resident Relations Act (legislation)
• Call your courthouse clerk for additional help with fee waiver forms and process

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1. [1] See Uniform Owner-Resident Relations Act (2023, NM Legislature)
2. [2] Application for Free Process (Form 4-202A), New Mexico Courts
3. [3] Order on Application for Free Process (Form 4-202B), New Mexico Courts

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