Commercial Services

Service may be made through the Office of the Secretary of State, Business Services 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. – Requirements for Service of Process

Notice Regarding Checks Provided for Payment

”When you provide a check as payment to the Secretary of State, you authorize the State of New Mexico to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.”

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
• 53-14-7 NMSA
• 53-17-15 NMSA
• 54-2A-117 NMSA