§ StatuteRates

New Mexico Prejudgment Interest Rate

United States  New Mexico prejudgment interest is discretionary — here is the rate courts apply.

Current rate
10% per year — the rate courts apply when prejudgment interest is awarded
Set by statute Discretionary

In New Mexico, prejudgment interest is discretionary: a court may award it, and when it does the rate is 10% per year under NMSA 1978, Sec. 56-8-4(B). (A) MATTER OF RIGHT (Sec. 56-8-3, up to 15%): available only when the claim is LIQUIDATED / ascertainable with reasonable certainty by a mathematical standard fixed in the contract or by…

When New Mexico prejudgment interest applies

(A) MATTER OF RIGHT (Sec. 56-8-3, up to 15%): available only when the claim is LIQUIDATED / ascertainable with reasonable certainty by a mathematical standard fixed in the contract or by established market prices — i.e., money due by contract for a definite sum, money received to the use of another and wrongfully retained, or money due upon settlement of matured accounts.

When it starts accruing

Discretionary track (56-8-4(B)): from the date the complaint is served upon the defendant. As-of-right track (56-8-3): from the date the sum became due/ascertainable — e.g., money due by contract accrues from when payment was due; matured accounts accrue from the day the balance is ascertained.

Simple or compound

Simple interest (statute specifies a per-annum rate with no compounding provision; New Mexico prejudgment interest is applied as simple interest).

→ Compare with the New Mexico post-judgment interest rate (interest after judgment)

Prejudgment interest under NMSA 1978, Sec. 56-8-4(B) — 10% (simple interest). This is PREjudgment interest (accruing before entry of judgment) and is separate from New Mexico’s post-judgment rate; availability is limited by claim type (see the page). Verify against the statute text. Not legal advice.

Effective-date history

1 data point on record. Full history in the JSON API.
Effective dateRateBasis
July 9, 2026 10% Statute

Source & provenance

Latest value retrieved July 10, 2026 (02:55 UTC) from the official source:
https://codes.findlaw.com/nm/chapter-56-commercial-instruments-and-transactions/nm-st-sect-56-8-4/

Reference data only — not legal, tax, or financial advice. Always confirm the controlling value against the official source and, where applicable, the governing statute or court before relying on it.