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New Mexico Payday Loan Laws, Explained

Last updated: July 20, 2026

New Mexico used to allow some of the highest small-loan rates in the country — up to 175% APR. That changed dramatically in 2023, and the fight to keep the new cap intact is still playing out.

From 175% to 36% APR

Governor Michelle Lujan Grisham signed House Bill 132 on March 1, 2022, cutting the maximum APR on loans made under New Mexico's Small Loan Act of 1955 and Bank Installment Loan Act of 1959 from 175% down to 36%, effective January 1, 2023. The cap applies to loans up to $10,000 and counts interest, fees, and transfer charges together — not just the headline interest rate.

What Happened to the Industry

The number of licensed small lenders in New Mexico dropped from 531 before the cap to around 270 afterward — but that remaining group of lenders now offers credit that complies with the 36% ceiling, meaning more New Mexicans are borrowing at dramatically lower cost than under the old rate structure.

Ongoing Pressure to Create Exceptions

The 36% cap hasn't gone unchallenged. In 2025, consumer advocacy groups including Think New Mexico and the Fair Lending Coalition opposed House Bill 59, which would have carved out an exemption for earned-wage-access products from the rate cap. As of this writing, the core 36% cap remains intact, but it's worth checking current status given the recurring legislative attempts to weaken it.

FactorNew Mexico Rule
Current APR cap36%, all-in
Applies to loans up to$10,000
Effective dateJanuary 1, 2023
Prior cap175% APR
Verify the current cap and any recent legislative changes with the New Mexico Financial Institutions Division before applying.

Because this cap is relatively new and has faced repeated legislative challenges, confirming a lender's current compliance is worth the extra step in New Mexico specifically.

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