Small claims in New Hampshire.
Standard $6,000 cap, 14-day appeal window, and broad eligibility for most money claims.
- Most you can sue for$6,000Same cap for individuals and businesses
- Filing fee$90-$145Tiered by claim amount
- CourtCircuit Court District Division (small claims docket)
- Lawyers at trialAllowedPermitted but not required
- Appeal window14 daysTrial de novo in Superior Court
- Recent change—No major changes in the last 3 years
Find your situation.
New Hampshire small claims handles money disputes up to $6,000 (or $6,000 if you're a business). Browse 7 categories and 39 specific claim types below.
New Hampshire allows most contract and debt claims up to $6,000 in small claims court. The statute of limitations is generally 3 years for written and oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction actions are not allowed in small claims court; only money damages can be sought.
Try instead: District Court ejectment process
Title to real estate
Small claims court cannot decide ownership or title to real property.
Try instead: Superior Court
Defamation
Claims for libel or slander are excluded from small claims court.
Try instead: Superior Court
Malpractice
Professional malpractice claims are not allowed in small claims court.
Try instead: Superior Court
Family law and probate
Divorce, child custody, and probate matters are excluded.
Try instead: Family Division or Probate Court
Federal claims
Bankruptcy, patents, trademarks, and other federal claims are not allowed.
Try instead: Federal Court
Class actions
Class actions are not permitted in small claims court.
Try instead: Superior Court
Injunctions/specific performance
Small claims court cannot order someone to do or stop doing something.
Try instead: Superior Court
Workers' compensation
Workers' compensation claims are handled by the Department of Labor.
Try instead: Department of Labor
Suing a deceased person
Claims against deceased persons must be filed in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. A demand letter is not required for most claims but is recommended. For bad checks, a 14-day written notice is mandatory before filing.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud, personal injury, and property damage claims.
File your case
File at the Circuit Court District Division (Small Claims). Most cases go in the county where the defendant lives or where the dispute happened.
If you win, the filing fee and reasonable service costs are added to the judgment.
E-filing in New Hampshire: E-filing is not currently available for small claims.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 14 days before the hearing (in the same county) or 21 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Court clerk sends the papers by certified mail to the defendant.
File the proof of service (NHJB-2204-DP) at least 7 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be found, you may request permission for substitute service or publication.
If the defendant is dodging service, you may use a private process server or request alternate service from the court.
Show up to the hearing
Bench trial before a judge; hearings are typically brief and informal.
Lawyers at trial: Allowed. Parties may be represented by an attorney but are not required to have one.
When you’ll get the decision: On the spot or mailed within a few weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant does not appear, the court may enter a default judgment for the plaintiff.
You still have to prove your case. Plaintiff must still prove damages even if the defendant defaults.
If you’re the defendant being sued
Defendant is not required to file a written answer but may do so. Must appear at the hearing or risk default.
Counter-suing the plaintiff: Allowed using NHJB-2202-DP (Small Claim Answer). Serve the plaintiff at least 14 days before trial (same county) or 21 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 2% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of execution with the court, serve the employer, and the employer withholds a portion of wages and remits to the court until the judgment is satisfied.
Cost: $30-50 plus sheriff fees
Notes: Most effective if the debtor is steadily employed.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank account levy
Freeze and seize funds from debtor's bank account.
How it works
Obtain a writ of execution, serve the bank, and the bank freezes and pays out available funds up to the judgment amount.
Cost: $30-50 plus sheriff fees
Notes: Effective if you know where the debtor banks.
What’s protected:
- Social Security and federal benefits
Lien on real property
Record a lien against debtor's real estate.
How it works
Record the judgment with the county registry of deeds to create a lien on any real property owned by the debtor.
Cost: $25-50 recording fee
Notes: Effective if debtor owns real estate; paid when property is sold or refinanced.
What’s protected:
- Homestead exemption
Multiple creditors? Priority rules.
First to record the lien has priority among judgment creditors.
Can you appeal if you lose?
either
- Deadline: 14 days from the judgment notice.
- Filing fee: $250.
- Form: NHJB-2207-DP — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The case is heard anew in Superior Court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
A default judgment cannot be appealed directly; you must first file a motion to vacate.
Motion to vacate (Form NHJB-2205-DP): file within 30 days of the judgment notice. If you never received notice, you have up to 60 days.
If the motion is denied, you have 14 days to appeal the denial. If the motion to vacate is denied, you may appeal within 14 days.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue the wrong legal entity, your judgment may be unenforceable.
How to avoid it: Check Secretary of State records and use the exact legal name.
Missed statute of limitations
What goes wrong: Filing after the deadline results in dismissal.
How to avoid it: Check the SOL for your claim type before filing.
Insufficient proof of damages
What goes wrong: You may win liability but get only nominal damages.
How to avoid it: Bring receipts, estimates, and photos to court.
Improper service
What goes wrong: Case may be dismissed or delayed if service is not done correctly.
How to avoid it: Follow court rules for service and file proof promptly.
Suing for more than $6,000
What goes wrong: You must waive the excess or file in a higher court.
How to avoid it: Limit your claim to $6,000 or pursue the full amount elsewhere.
Not bringing all evidence
What goes wrong: The judge may rule against you if you lack documentation.
How to avoid it: Prepare all relevant documents and witnesses before the hearing.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources21 citations and statutes
- New Hampshire Circuit Court — Small Claims Self-HelpNH Circuit Court Small Claims Self-Help
- New Hampshire Circuit Court Locations and ContactNH Circuit Court Locations
- New Hampshire Judicial Branch Fee InformationNH Judicial Branch Fee Information
- N.H. Rev. Stat. § 503:1 (District Courts — Jurisdiction in Small Claims)N.H. Rev. Stat. § 503:1
- N.H. Rev. Stat. § 503:13 (Small Claims — Procedure)N.H. Rev. Stat. § 503:13
- N.H. Rev. Stat. § 502-A:14 (Appeal from Circuit Court District Division)N.H. Rev. Stat. § 502-A:14
- New Hampshire Circuit Court District Division — Rules of Procedure in Small Claims ActionsNH District Division Small Claims Rules
- New Hampshire Small Claims FormsNH Small Claims Forms
- New Hampshire Judicial Branch — Court Filing FeesNH Court Filing Fees
- New Hampshire Statutes: Service of Process — N.H. Rev. Stat. § 511:2N.H. Rev. Stat. § 511:2
- Appeals from Circuit Court — N.H. Rev. Stat. § 502-A:14N.H. Rev. Stat. § 502-A:14
- New Hampshire Statutes — Collection of Judgments: Executions — N.H. Rev. Stat. § 512:1N.H. Rev. Stat. § 512:1
- New Hampshire Statutes — Interest on Judgments — N.H. Rev. Stat. § 524:6-aN.H. Rev. Stat. § 524:6-a
- New Hampshire Consumer Protection Act — N.H. Rev. Stat. § 358-A:2N.H. Rev. Stat. § 358-A:2
- New Hampshire Regulation of Motor Vehicle Repairs — N.H. Rev. Stat. § 357-C:3N.H. Rev. Stat. § 357-C:3
- New Hampshire Bad Checks Statute — N.H. Rev. Stat. § 638:4N.H. Rev. Stat. § 638:4
- New Hampshire Security Deposit Law — N.H. Rev. Stat. § 540-A:6N.H. Rev. Stat. § 540-A:6
- New Hampshire Retaliatory Eviction and Lockout — N.H. Rev. Stat. § 540:13-aN.H. Rev. Stat. § 540:13-a
- New Hampshire Payment of Wages — N.H. Rev. Stat. § 275:44 (Final Wages)N.H. Rev. Stat. § 275:44
- New Hampshire Civil Action for Theft — N.H. Rev. Stat. § 637:8N.H. Rev. Stat. § 637:8
- New Hampshire Fraud Damages — N.H. Rev. Stat. § 358-A:10 (Consumer Protection Act Remedies)N.H. Rev. Stat. § 358-A:10
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: January 1, 2026.