Small Claims Court in New Hampshire: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for New Hampshire consumers and small businesses handling disputes up to $10,000.
| Fact | Detail |
|---|---|
| Maximum claim | $10,000 (not counting interest and costs) |
| Filing fee | About $90 base, plus a $5 mediation surcharge for claims of $5,000 or less, or $60 for claims over $5,000 |
| Court | Circuit Court — District Division (small claims process) |
| Time to hearing | About 6 to 8 weeks from filing, depending on the court |
| Attorneys allowed? | Yes, on either side |
| Deadline to sue on a written contract | 3 years from breach (RSA 508:4) |
| Service methods | Clerk's first-class mail (initial), sheriff, certified mail with return receipt, private process server, court-ordered alternate service, publication |
| Appeal window | 30 days to the New Hampshire Supreme Court on questions of law |
1. What is small claims court in New Hampshire?
Small claims court in New Hampshire is the simplified money-claim process inside the Circuit Court — District Division. It hears civil money disputes up to $10,000, not counting interest and costs. Attorneys are allowed but not required. Procedure is informal, designed for self-represented parties. Most cases reach hearing about 6 to 8 weeks after filing.
New Hampshire does not have a separate "small claims court." The District Division of the Circuit Court handles small claims as a streamlined track within its regular caseload. Under RSA 503:1, a small claim is any money claim of $10,000 or less. The District Division also has exclusive jurisdiction over civil money cases under $1,500 (RSA 502-A:14).
Which court hears small claims cases in New Hampshire?
The court that hears small claims cases in New Hampshire is the Circuit Court — District Division, in the judicial district where the plaintiff or defendant resides. There are District Division courts in every county. A business "resides" where it has an office or place of business. For landlord-tenant money disputes, you can also file where the rental property sits.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in five ways. First, the dollar cap is $10,000. Second, there is no formal pre-trial discovery (no depositions, no interrogatories). Third, formal rules of evidence are relaxed. Fourth, hearings are short bench trials, not jury trials. Fifth, an appeal goes straight to the New Hampshire Supreme Court on questions of law, not a brand-new trial.
A jury trial is available only if the case is transferred to Superior Court. The defendant can demand a jury for claims over $1,500, which forces the transfer.
Is small claims court the right forum for your case?
Small claims is the right forum if your case is a money dispute of $10,000 or less, the defendant has ties to New Hampshire, and you don't need an injunction or specific performance. Common fits: unpaid invoices, security deposit returns, property damage, broken contracts, consumer disputes, and bad checks.
Small claims is the wrong forum if you need to evict a tenant (use the RSA 540 landlord-tenant docket), recover real estate, get a divorce, fight a will, or win a medical malpractice case. It's also wrong if the dollar amount is well above $10,000, because you cannot split a single claim into multiple suits to fit the cap.
2. Should you file in New Hampshire small claims?
You can file in New Hampshire small claims if (1) your claim is for money or money damages, (2) the amount is $10,000 or less not counting interest and costs, (3) the claim type isn't on the excluded list, (4) New Hampshire has venue over the defendant, and (5) you are old enough and mentally competent to sue (or your business is properly named).
Cases small claims can hear in New Hampshire
Cases small claims can hear in New Hampshire include unpaid invoices, unpaid loans (including promissory notes), security deposit disputes, property damage from auto accidents or contractor work, breach of small contracts, consumer protection claims under RSA 358-A, unpaid wages under RSA 275, bad checks under RSA 544-B, and unjust enrichment (someone benefiting at your expense). It also hears actions to recover money owed on open accounts.
Cases small claims cannot hear in New Hampshire
Cases small claims cannot hear in New Hampshire include:
- Eviction and recovery of possession of real property (these go on the RSA 540 landlord-tenant docket).
- Title disputes over real estate, replevin, or ejectment.
- Injunctions or specific performance (equitable relief).
- Probate matters and family law (divorce, custody, support).
- Workers' compensation and unemployment benefits.
- Medical malpractice (statutory screening panel, routed to Superior Court).
- Federal-exclusive matters.
- Claims against the State or a municipality where you didn't follow the notice-of-claim statute.
Who can sue and who can be sued?
Anyone who sues or is sued in New Hampshire small claims must be a real legal party. That means a person 18 or older who is mentally competent, a properly registered business entity, or a government body where notice has been given. Under RSA 503:11, a business can appear through an officer or authorized employee without an attorney. Minors must sue through a parent or guardian.
Unlicensed contractors may be barred from suing on contracts that required a license. Debt buyers face no special bar, but they must prove they actually own the debt with assignment paperwork.
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, you may be forced into arbitration instead of court. The Federal Arbitration Act and New Hampshire law generally enforce these clauses. Read the contract first: many consumer arbitration clauses carve out small claims, which lets you file here anyway. If there's no carve-out, the defendant can move to compel arbitration, and your case will be stayed or dismissed.
You also cannot split one cause of action into two cases to dodge the $10,000 cap. If your damages exceed $10,000, you can waive the excess and proceed in small claims, or file in Superior Court instead.
3. How long do you have to sue? Statute of limitations in New Hampshire
In New Hampshire, you generally have 3 years to sue on most claims, written or oral. Promissory notes get 6 years under the Uniform Commercial Code. Sales-of-goods warranty claims get 4 years. The clock usually starts on the date of breach or injury, or the date you discovered the harm for fraud and latent defects. Miss the deadline and your case gets dismissed.
Statute of limitations for common claims in New Hampshire
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 3 years | RSA 508:4(I) | From the breach |
| Oral contract | 3 years | RSA 508:4(I) | From the breach |
| Open account | 3 years | RSA 508:4(I) | From the last charge or payment |
| Promissory note | 6 years | RSA 382-A:3-118 | From the note's due date (or demand date for demand notes) |
| Property damage | 3 years | RSA 508:4(I) | From the injury (or discovery if latent) |
| Personal injury | 3 years | RSA 508:4(I) | From the injury (or discovery) |
| Conversion | 3 years | RSA 508:4(I) | From the taking |
| Fraud | 3 years | RSA 508:4(I) | From discovery |
| Defamation | 3 years | RSA 508:4(II) | From publication |
| Negligence | 3 years | RSA 508:4(I) | From the negligent act (or discovery) |
| Breach of warranty (goods) | 4 years | RSA 382-A:2-725 | From tender of delivery |
| Bad check | 3 years | RSA 382-A:3-118(c); RSA 544-B:1 | From dishonor (10-day demand required first) |
| Unpaid wages | 3 years | RSA 275:41 | From discovery; up to 4-year look-back |
| Final paycheck | 3 years | RSA 508:4(I); RSA 275:44 | From when final wages were due (within 72 hours of discharge) |
| Security deposit | 3 years | RSA 508:4(I); RSA 540-A:7 | After landlord's 30-day window to return or account |
| Consumer protection (RSA 358-A) | 3 years | RSA 508:4(I) | From the unfair or deceptive act |
| Trespass to chattels | 3 years | RSA 508:4(I) | From the interference |
| Quasi-contract (unjust enrichment) | 3 years | RSA 508:4(I) | From receipt of the unjust benefit |
When the clock pauses or resets in New Hampshire
The New Hampshire limitations clock pauses or resets in several situations. Under RSA 508:9, the clock pauses while the defendant is absent from the state. The clock also pauses while the plaintiff is under a legal disability (minor, mentally incompetent). For fraud and latent injuries, RSA 508:4 applies a discovery rule: the clock starts when you discovered or should have discovered the harm.
A partial payment or written acknowledgment of the debt restarts the clock on contract and account claims. For negotiable instruments, see RSA 382-A:3-118. New Hampshire also has a "saving" rule under Title 508 that may allow a second suit within a short window after a first dismissal on non-merits grounds.
What happens if you miss the deadline
If you miss the New Hampshire statute of limitations, the defendant can move to dismiss and the judge will throw out the case. The deadline is a defense the defendant has to raise (it's not automatic), but they almost always will. There is no fix once the deadline passes unless you can point to a tolling event. Check your dates before you spend filing fees.
4. Before you file: demand letter and required notices
In New Hampshire, a demand letter is not required by general statute, but it's recommended in almost every case. Bad-check claims are different: RSA 544-B requires a written demand and a 10-day wait before you can sue for statutory penalties. Government defendants need a separate tort claim notice within 60 days (municipalities) or 180 days (the State). Missing those notices bars the case.
Do you need a demand letter in New Hampshire?
A demand letter in New Hampshire is recommended but not generally required. Judges expect to see one because it shows you tried to resolve the dispute. It also pins the defendant to a position before trial. For some claim types, written demand is mandatory: bad checks (RSA 544-B), some consumer protection theories, and most landlord-tenant notice-to-cure situations.
Send your letter by certified mail with return receipt. Keep the green card and a copy of the letter for the hearing.
What to include in a New Hampshire demand letter
A New Hampshire demand letter should include:
- The exact dollar amount you're owed, itemized if you can.
- A short description of what happened and why the other side owes you money.
- The dates of the events and any contract or invoice numbers.
- A specific deadline to pay or respond (commonly 10 to 30 days).
- A statement that you will file in small claims court if the issue isn't resolved.
- Your contact information and the date.
Pre-suit notice for special claim types
Pre-suit notice in New Hampshire is required for bad checks, illegal landlord conduct, and government tort claims. For bad checks under RSA 544-B, you must send a written demand and wait 10 days before suing for statutory penalties. For an illegal eviction or utility shut-off under RSA 540-A, the rule has its own structure.
For employment discrimination, you must first file with the New Hampshire Commission for Human Rights before suing.
How to sue a city or county in New Hampshire
To sue a city or county in New Hampshire, you must give written notice of your claim under RSA 507-B, typically within 60 days of the incident. To sue the State, you follow RSA 541-B and give notice within 180 days. The notice goes to the governing body or the Attorney General. Miss the notice deadline and your case will be dismissed even if it's otherwise timely.
The dollar limits and immunity rules for government defendants are strict. If you're suing a municipality for property damage, check RSA 507-B closely before filing.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name. Misnaming a business is the most common reason small claims judgments cannot be collected. Use the New Hampshire Secretary of State's QuickStart business search before you file.
How to find a business's legal name in New Hampshire
To find a business's legal name in New Hampshire, use the Secretary of State's Corporation Division business name search at sos.nh.gov. The search shows the entity's exact registered name, status (good standing or not), and registered agent. Print the search result and bring it to filing. If a business operates under a DBA, you'll usually find a trade name registration listed separately.
How to name an LLC or corporation
An LLC or corporation in New Hampshire is named by its exact registered name, including "LLC," "Inc.," "Corp.," or "Corporation." Don't write "ABC Plumbing" if the registered name is "ABC Plumbing & Heating, LLC." On the claim form, you can name the registered agent in the address block so service reaches the entity. For out-of-state companies doing business here, name the foreign entity exactly as it appears in New Hampshire registration records.
How to name a sole proprietor or DBA
A sole proprietor in New Hampshire is named by the individual owner's full legal name, followed by "doing business as" and the trade name. Example: "Jane M. Smith d/b/a Smith Painting." Naming only the trade name is a common mistake because a DBA isn't a separate legal person. The judgment must run against the human owner to be enforceable.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can file a motion to amend the complaint with the clerk. Do it fast, before the hearing if possible. If service has already happened and the wrong party was served, you may need to re-serve under the corrected name. A misnamed judgment is hard to collect because the sheriff or bank won't honor a writ against a name that doesn't match the debtor's legal identity.
6. The forms you need to file in New Hampshire
New Hampshire requires one main form to start a small claims case: the NHJB-2370-De Small Claim Complaint. If you can't afford the fee, file the NHJB-2886-DFPE Motion to Waive Filing Fee. The clerk handles initial notice to the defendant. Forms are free at courts.nh.gov as fillable PDFs.
New Hampshire small claims forms
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| NHJB-2370-De | Small Claim Complaint | Starts the case; lists parties, claim amount, basis | Plaintiff | courts.nh.gov |
| NHJB-2886-DFPE | Motion to Waive Filing Fee | Asks the court to waive the filing fee for low-income filers | Plaintiff or defendant | courts.nh.gov |
| NHJB-2821-DF | Appearance of Counsel or Self-Represented Party | Formal appearance in the case | Either party | courts.nh.gov |
| NHJB-2364-DP | Motion for Periodic Payments | Asks for a debtor exam and installment order after judgment | Judgment creditor | courts.nh.gov |
| NHJB-2841-DF | Motion to Vacate Default Judgment | Asks the court to set aside a default | Defendant | courts.nh.gov |
| JDMS Form No. 1 | Notice of Appeal (Supreme Court) | Files appeal to the NH Supreme Court | Either party | courts.nh.gov |
| (no code listed) | Return / Affidavit of Service | Proof that service was made | Server | courts.nh.gov |
| (no code listed) | Affidavit of Non-Military Service | Required before default judgment | Plaintiff | courts.nh.gov |
| (no code listed) | Subpoena | Compels witness or documents | Either party (clerk-issued) | courts.nh.gov |
| (no code listed) | Request for Writ of Execution | Authorizes sheriff levy after judgment | Judgment creditor | courts.nh.gov |
| (no code listed) | Trustee Process / Garnishment Forms | Starts wage garnishment or bank levy | Judgment creditor | courts.nh.gov |
| (no code listed) | Satisfaction of Judgment | Records that the debt has been paid | Judgment creditor | courts.nh.gov |
| (no code listed) | Certified Copy of Judgment | For recording a lien at the Registry of Deeds | Judgment creditor (clerk request) | courts.nh.gov |
Which forms open the case?
The forms that open a New Hampshire small claims case are the NHJB-2370-De Small Claim Complaint and, if needed, the NHJB-2886-DFPE Motion to Waive Filing Fee. You don't issue your own summons. The clerk mails first-class notice to the defendant after the complaint is accepted.
Which forms does the defendant file?
The forms the defendant files in New Hampshire are an appearance (NHJB-2821-DF) and a written response within 30 days of the mailing or personal service. If a default judgment has already been entered, the defendant can file the NHJB-2841-DF Motion to Vacate Default Judgment within 30 days. Counterclaims are written into the response.
How to fill out the New Hampshire claim form
To fill out the New Hampshire claim form, you enter:
- Your name and address as the plaintiff.
- The defendant's full legal name and address (use the Secretary of State result for businesses).
- The dollar amount you're claiming (up to $10,000).
- A brief statement of the basis for your claim (what happened, key dates).
- Your signature and the date.
Attach a copy of the contract, invoice, or other supporting document if you have one. Keep originals for the hearing.
What if you can't afford the filing fee?
If you can't afford the New Hampshire filing fee, you file the NHJB-2886-DFPE Motion to Waive Filing Fee. You must show under oath that you're low income (around or below 125% of the federal poverty level) or receive need-based public assistance (SNAP, TANF, Medicaid, or Supplemental Security Income (SSI)). The judge reviews the motion and either grants the waiver, sets a reduced fee, or denies it. If denied, you typically get a short window to pay.
7. Where to file, and how (in person, mail, e-file)
File in the Circuit Court — District Division in the judicial district where the plaintiff or defendant resides. For landlord-tenant money claims, you can also file where the property sits. New Hampshire accepts filings in person, by mail, by drop box, and through the NH e-Court (Odyssey) e-filing portal at courts.nh.gov. Most courts schedule the hearing about 6 to 8 weeks after filing.
Which county do you file in?
The county you file in is the judicial district covering the plaintiff's or the defendant's residence. For a business defendant, "residence" is where the business keeps an office or place of business. For landlord-tenant money disputes, the district where the rental property is located also works. For an out-of-state defendant, you can file where the plaintiff resides or where the defendant has enough contacts with New Hampshire.
How to file in New Hampshire small claims
To file in New Hampshire small claims you can:
- E-file through NH e-Court at courts.nh.gov. Attorneys generally must e-file. Self-represented filers can use it too.
- Mail your complaint and filing fee to the clerk of the District Division court.
- Walk it in to the courthouse clerk's office during business hours.
- Drop it in the courthouse drop box if available.
Acceptable file types for e-filing are PDF, DOC, and DOCX.
How to e-file in New Hampshire
To e-file in New Hampshire, create an account at courts.nh.gov through the NH e-Court (Odyssey) portal. Upload your Small Claim Complaint as a PDF, fill in the case information, and pay the filing fee by card. The clerk reviews and accepts the filing, usually within a few business days. You get an electronic confirmation with the case number.
What happens if you file in the wrong county?
If you file in the wrong county in New Hampshire, the defendant can ask the court to transfer the case or dismiss it for improper venue. Most judges transfer rather than dismiss when the mistake is honest, but a transfer adds weeks and may cost you another fee. Check the venue rule before filing: plaintiff's district, defendant's district, or property location for landlord-tenant money claims.
8. Filing fees, service fees, and fee waivers in New Hampshire
Filing fees in New Hampshire small claims start at about $90 base. A mediation surcharge is added: $5 for claims of $5,000 or less, and $60 for claims over $5,000. Sheriff service typically runs $25 to $50 plus mileage, depending on the county. Certified mail with return receipt costs about $7. If you can't afford fees, file the NHJB-2886-DFPE Motion to Waive Filing Fee. Filing costs are recoverable if you win.
How much does it cost to file in New Hampshire?
Filing a New Hampshire small claims case costs about $90 in base entry fees plus a mediation surcharge.
| Claim amount | Filing fee (approximate) | Notes |
|---|---|---|
| Up to $5,000 | About $90 base + $5 mediation surcharge | Exact base fee per NH Judicial Branch fee schedule |
| Over $5,000 (up to $10,000) | About $90 base + $60 mediation surcharge | Mandatory mediation applies |
Exact bracketed base fees may vary by claim amount per the current NH Judicial Branch fee schedule. Check with the clerk for the exact total.
How much does service cost?
Service in New Hampshire costs different amounts depending on the method.
| Service method | Cost (approximate) | When to use |
|---|---|---|
| Clerk's first-class mail (initial) | Included in filing fee | Always tried first |
| Sheriff | $25 to $50 plus mileage (varies by county) | When clerk mail is returned, or you want personal service |
| Certified mail with return receipt | About $7 | Out-of-state defendants or when allowed |
| Private process server | About $75 to $100 | Speed, evasive defendants |
| Publication | $100 to $300+ | Court-ordered last resort |
Can you get the filing fee waived?
You can get the New Hampshire filing fee waived by filing the NHJB-2886-DFPE Motion to Waive Filing Fee. You'll list income, assets, debts, and household size under oath. The court grants waivers for filers showing inability to pay without losing the basics of life. Receipt of SNAP, TANF, Medicaid, or SSI usually qualifies you automatically. There is no fee to file the waiver motion.
Are filing fees recoverable if you win?
Filing fees in New Hampshire are recoverable if you win. Recoverable costs include the court entry fee, the mediation surcharge, sheriff or process server fees, certified mail costs (if used for service), witness fees and mileage for subpoenaed witnesses, and clerk copying fees. The judge typically adds these to the judgment. Attorney's fees are different and only recoverable when a statute or contract authorizes them.
9. Serving the defendant in New Hampshire
New Hampshire small claims service starts differently from most states. The clerk mails the complaint and notice to the defendant by first-class mail. If that mailing is not returned, service is treated as complete. If the mail comes back undelivered, you have to arrange formal service: sheriff, certified mail with return receipt, private process server, court-ordered alternate service, or, as a last resort, publication. The defendant has 30 days to respond.
Service methods in New Hampshire
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Clerk's first-class mail | Yes (default first step) | Included in filing fee | Always tried first |
| Sheriff | Yes | $25 to $50 plus mileage (varies by county) | Clerk mail returned, evasive defendant |
| Certified mail with return receipt | Yes | About $7 | Out-of-state defendant or when allowed |
| Private process server | Yes | About $75 to $100 | Speed, hard-to-find defendant |
| Personal service by non-party adult | Yes | Varies | Any competent adult who isn't a party |
| Court-ordered alternate service | Yes (by motion) | Varies | After diligent attempts fail |
| Publication | Yes (by order) | $100 to $300+ | Last resort only |
Service by sheriff or constable
Service by sheriff in New Hampshire is the standard backup when the clerk's mailing is returned. You contact the sheriff's office in the county where the defendant lives or works, give them the papers, and pay the fee. Fees run about $25 to $50 plus mileage. The sheriff serves the defendant and files a Return of Service with the court.
Service by certified mail
Service by certified mail in New Hampshire is allowed for out-of-state defendants and in other situations the court permits. Mail the papers with a return receipt requested. Keep the green card. If the defendant refuses or doesn't claim the letter, the mail is treated as undelivered, and you'll need personal service.
Service by private process server
Service by a private process server in New Hampshire requires hiring a licensed server, giving them the papers, and getting back an Affidavit of Service. Cost is about $75 to $100. Servers are usually faster than sheriffs and can attempt service at evenings and weekends. The affidavit must be filed with the court before the case can proceed.
Court-ordered alternate or substituted service
Court-ordered alternate service in New Hampshire is allowed when you've tried the usual methods and the defendant is evading or impossible to find. File a motion explaining your diligent efforts (dates, places, results) and propose a method reasonably likely to give notice: posting at the residence, email, social media, or service on a family member. The judge decides.
Service by publication
Service by publication in New Hampshire is a last resort that requires a court order. After showing you've exhausted other methods, the court can authorize publication in a newspaper of general circulation. You pay the publication cost (typically $100 to $300 or more for multiple insertions) and file an affidavit of publication. Only use this if you truly cannot locate the defendant.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in New Hampshire, hire a private process server first; they're usually more persistent than the sheriff. If that fails, file a motion for court-ordered alternate service with an affidavit listing every attempt: date, time, address, what happened. Refusing certified mail does not defeat service; the court may treat the refusal as completed delivery in some cases.
Serving a military defendant
To serve a military defendant in New Hampshire, you must follow the same methods but also comply with the Servicemembers Civil Relief Act (SCRA). Before any default judgment, you must file an Affidavit of Non-Military Service confirming the defendant's status. If the defendant is on active duty, the court will appoint counsel or grant a stay of proceedings. New Hampshire courts are strict about this; skipping the affidavit will block your default.
10. The defendant's response
After service, the defendant in New Hampshire has 30 days from the mailing or personal service to file a written response with the clerk. The response can admit, deny, or assert defenses, and may include a counterclaim. If the defendant files nothing, the clerk can enter default judgment (with an SCRA affidavit filed). If the counterclaim exceeds $10,000 or includes a jury demand for over $1,500, the case transfers to Superior Court.
How long does the defendant have to respond?
The defendant in New Hampshire has 30 days from the clerk's mailing of the complaint (or from personal service, whichever happened) to file a written response. Miss the 30 days and the plaintiff can apply for default. The deadline is counted in calendar days, not business days.
What goes in the answer?
A New Hampshire Answer must include the defendant's response to the claim (admit, deny, or say you don't know), any affirmative defenses (statute of limitations, payment, fraud, etc.), and any counterclaims with the dollar amount and basis. File an Appearance form (NHJB-2821-DF) along with the response. There is no separate fee for the response itself.
Can the defendant counterclaim?
The defendant can counterclaim in New Hampshire by including the counterclaim in their written response. Counterclaims up to $10,000 stay in small claims. The plaintiff then has to defend against the counterclaim at the same hearing. Bring evidence for both your claim and your defense to the counterclaim.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the New Hampshire cap, the case can be transferred out of small claims to the Superior Court's civil docket, which has full jurisdiction. The defendant can also waive the excess to keep the case in small claims. Separately, either party can demand a jury for claims over $1,500, which forces transfer to Superior Court regardless of dollar amount.
11. Preparing for and attending the hearing
New Hampshire small claims hearings happen about 6 to 8 weeks after filing. They're informal bench trials before a judge, with no jury. Bring 2 copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. Formal rules of evidence are relaxed; the judge can admit hearsay and weigh it. The judge usually rules from the bench or mails the judgment within a few days.
When does your hearing happen?
Your New Hampshire small claims hearing happens about 6 to 8 weeks after filing, depending on the court's workload. The clerk sends notice with the date, time, and courtroom. You typically get at least 14 days' notice of the hearing. If the case includes a mandatory mediation (claims over $5,000), mediation often happens the same day, before the trial.
How to prepare your case
To prepare your New Hampshire small claims case, do the following:
- Write a 2 to 3 minute opening that tells the judge what happened, in order.
- Build a chronological exhibit list: contract, invoices, photos, texts, emails, repair estimates, demand letter, defendant's response.
- Make 2 copies of every exhibit (one for the judge, one for the other side; keep your originals).
- Calculate damages line by line. Show your math.
- Line up witnesses with first-hand knowledge. Confirm their availability.
- Think through the defenses the other side will raise and prepare a response.
Arrive 15 minutes early, dress neatly, and address the judge as "Your Honor."
What evidence is admissible in New Hampshire?
Evidence admissible in New Hampshire small claims includes contracts, invoices, receipts, photos, text messages, emails, repair estimates, bank records, and witness testimony. Formal rules of evidence are relaxed, so the judge can admit hearsay and informal proof and give it appropriate weight. Bring printed copies of texts and emails with visible timestamps and sender names. For recordings, New Hampshire is a two-party consent state, so make sure any recording was made legally.
How to subpoena a witness
To subpoena a witness in New Hampshire, you request a subpoena form from the court clerk, fill it out with the witness's name and the hearing date, and have the subpoena served on the witness (usually by sheriff or private process server). You'll need to pay statutory witness fees and mileage. Serve it well in advance of the hearing so the witness has time to plan.
Can you appear by phone or video?
Phone or video appearance in New Hampshire small claims is allowed in many courts at the judge's discretion. Request it in writing from the clerk as early as possible, explaining why you can't appear in person (distance, health, work). Statewide availability is not uniform; check with the specific court. Don't assume approval; show up in person if you haven't received written confirmation.
Continuances and what happens if you can't attend
A continuance in New Hampshire small claims is granted on motion, for good cause. File the motion as early as possible. There's no extra fee. If an attorney files an appearance within 7 days of the hearing, the court will usually grant the other side a continuance to prepare.
If the plaintiff doesn't show, the case is typically dismissed (usually without prejudice the first time). If the defendant doesn't show, the plaintiff can ask for a default judgment. If both sides miss it, the case gets dismissed.
The proceedings are not automatically recorded. If you want a record (for appeal purposes), request a sound recording at least 5 business days before trial and pay the cost.
12. Mediation, interpreters, and ADA accommodations
New Hampshire offers free court-annexed mediation through the Office of Mediation and Arbitration. Mediation is mandatory for small claims over $5,000 and voluntary for smaller claims, often scheduled the same day as the hearing. Interpreters are available in Spanish, French, Portuguese, Arabic, Chinese, Vietnamese, and American Sign Language (ASL). Request one from the clerk as early as possible, ideally at least 14 days ahead. ADA accommodations are available through the clerk's office at no cost.
Is mediation available in New Hampshire small claims?
Mediation in New Hampshire small claims is free and provided by the court's Office of Mediation and Arbitration. It is mandatory for claims over $5,000 (with the $60 surcharge in the filing fee) and voluntary for smaller cases. Mediation usually happens the same day as the hearing, before trial. If you settle, the terms are entered as a stipulation or consent judgment. If you don't, the case goes to the judge.
How to request a court interpreter
To request a court interpreter in New Hampshire, you contact the court clerk or the Court Information Center as soon as you know you'll need one, ideally at least 14 days before the hearing. Submit the request in writing or by phone. Identify the language and dialect. The court arranges in-person or telephonic interpreters at no cost in the languages listed above.
How to request an ADA accommodation
To request an ADA accommodation in New Hampshire, contact the courthouse clerk's office or the court's ADA coordinator as soon as possible. Common accommodations include wheelchair access, assistive listening devices, sign-language interpreters, and accessible documents. There is no fee. Make the request in writing if you can, and follow up by phone to confirm.
13. What you can recover (and statutory damages multipliers)
If you win in New Hampshire small claims, you can recover the underlying damages, court costs (filing fee, mediation surcharge, service fees, witness fees), and post-judgment interest. Pre-judgment interest may be added under RSA 336:1, commonly described as "prime plus 2%" and adjusted annually. Attorney's fees are recoverable only when a statute or contract authorizes them. Certain claims trigger statutory multipliers, like up to triple damages under the Consumer Protection Act and double damages for bad-faith withholding of a security deposit.
What costs are recoverable in New Hampshire?
Costs recoverable in New Hampshire include:
- The court filing or entry fee.
- The mediation surcharge ($5 or $60).
- Sheriff or process server fees for service.
- Certified mail costs if used for service.
- Witness fees and mileage for subpoenaed witnesses.
- Clerk and copying fees.
The judge adds these to the judgment when you ask. Bring receipts to the hearing.
How does interest work on New Hampshire judgments?
Interest on New Hampshire judgments runs under RSA 336:1. The rate is commonly described as "prime plus 2%," adjusted annually, so the exact number changes year to year. The clerk or the statute itself tells you the current rate. Interest accrues from the date of judgment until paid. Pre-judgment interest is also available in many cases under the same statute; compute it from the date the claim accrued.
When can you recover attorney's fees?
Attorney's fees in New Hampshire small claims are recoverable when a statute or contract authorizes them. Examples include RSA 358-A Consumer Protection Act claims, some wage statutes (RSA 275), and contracts with a "loser pays" clause. Absent that authorization, the American Rule applies: each side pays its own lawyer. You also need to have actually had a lawyer; pro se filers don't get fees.
Statutory damages multipliers in New Hampshire
New Hampshire statutes that multiply damages in small claims include:
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Consumer protection | Up to 3 times damages | Willful or knowing violation | RSA 358-A:10 |
| Unpaid wages | 2 times unpaid wages | Willful or no good cause for non-payment | RSA 275:53 |
| Security deposit | 2 times the deposit | Bad-faith withholding | RSA 540-A:8 |
| Illegal eviction or utility shut-off | Civil penalty up to $1,000 per day | Per the statute | RSA 540-A:4 |
| Unfair debt collection | Statutory damages (e.g., $200 per violation) plus actual damages | Per violation | RSA 358-C:4(III) |
| Timber trespass | 3 times damages (willful), 2 times (negligent) | Cutting or destroying timber without right | RSA 227-J:8 |
14. Getting a default judgment when the defendant doesn't respond
If the defendant in New Hampshire doesn't file an answer within 30 days, you can ask the clerk for a default judgment. File an Affidavit of Non-Military Service (SCRA) and any proof of damages. The clerk can enter default administratively for liquidated amounts. For unclear damages, the court may set a short prove-up hearing. Once entered, you can begin collection.
When can you ask for a default judgment in New Hampshire?
You can ask for a default judgment in New Hampshire after 30 days have passed from the clerk's mailing of the complaint or from personal service, and the defendant has filed nothing. Make sure proof of service is on file. Without proof of service, the court won't enter default.
What you file to get a default
To get a default in New Hampshire, you file:
- A written request or motion for default judgment.
- The Affidavit of Non-Military Service (SCRA), confirming the defendant is not on active military duty.
- Documentation of damages (invoices, contract, calculation) if the amount needs proving.
If the claim is for a fixed amount (a clear invoice or note), the clerk can often enter judgment without a hearing. For unclear damages, the judge may want a short prove-up.
Can the defendant vacate a default in New Hampshire?
A defendant can vacate a New Hampshire default by filing the NHJB-2841-DF Motion to Vacate Default Judgment within 30 days. The defendant must show a good reason for missing the deadline (didn't get notice, illness, mistake) and a meritorious defense. After 30 days, vacating gets much harder and requires showing extraordinary circumstances.
15. Appealing a small claims judgment in New Hampshire
In New Hampshire, either party can appeal a small claims judgment to the New Hampshire Supreme Court within 30 days of the judgment. The appeal is on questions of law only, not a brand-new trial. You file a Notice of Appeal (JDMS Form No. 1) and the case proceeds on the existing record. Filing an appeal does not automatically stop collection; you may need to post a bond. Attorneys are typically used at this stage.
Who can appeal and when?
Either party in New Hampshire small claims can appeal within 30 days of the judgment. The 30 days are calendar days from the date of the judgment. Miss the deadline and the judgment becomes final.
What kind of appeal is it?
An appeal in New Hampshire small claims is a review by the New Hampshire Supreme Court on questions of law, not a brand-new trial. The Supreme Court looks at whether the trial judge made a legal error, not whether the facts could be decided differently. This is different from many other states, which use a de novo (brand-new) trial on appeal. Because the Supreme Court works from the record, request a sound recording of the trial at least 5 business days in advance if you think you might appeal.
What does an appeal cost?
An appeal in New Hampshire costs the Supreme Court filing fee plus any costs of producing the record and a transcript. The Supreme Court's procedural rules are stricter than the District Division's. Many self-represented parties hire counsel at this stage.
Does an appeal stop collection?
An appeal stops collection in New Hampshire when the judgment debtor obtains a stay, often by posting an appeal bond covering the judgment amount plus costs. Without a stay, the judgment creditor can keep collecting (writs, garnishment, liens) while the appeal is pending. If the appeal succeeds, amounts already collected are returned.
16. Collecting your judgment in New Hampshire
Winning is half the battle, and New Hampshire doesn't collect for you. After the 30-day appeal window, you can record a certified copy of the judgment at the County Registry of Deeds to create a lien on real estate, request a writ of execution to levy non-exempt assets, use trustee process to garnish wages or bank accounts, and ask for a Periodic Payment Hearing to set up an installment order. The judgment is valid for 20 years and renewable.
16.1 Wait for the appeal window to close
The appeal window in New Hampshire is 30 days from the date of judgment. Until that window closes (and any motion to vacate is resolved), the judgment isn't fully final. Most collection steps can technically start sooner, but waiting avoids the awkward situation of collecting on a judgment that gets reversed or vacated.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in New Hampshire is obtained by asking the court clerk for a certified copy of the judgment. You take that certified copy to the County Registry of Deeds in any county where the debtor owns real estate, and you record it there. Once recorded, you have a lien on the debtor's real property in that county. The lien stays active for 20 years (the judgment's enforceable life).
16.3 Writ of execution
A writ of execution in New Hampshire authorizes the sheriff to levy on the debtor's non-exempt assets. File a Request for Writ of Execution with the clerk. The clerk issues the writ, and you give it to the sheriff in the county where assets are located. The sheriff can seize vehicles, business equipment, inventory, and other non-exempt property. Sheriff fees and mileage apply.
16.4 Wage garnishment
Wage garnishment in New Hampshire is allowed using trustee process, with the federal cap of 25% of disposable earnings (or the amount above 30 times the federal minimum wage, whichever is less). File trustee process forms with the court, identify the debtor's employer as the trustee, and have the employer served. The employer then withholds and pays over to the court or directly to you under the court's order. Wages from certain exempt sources (Social Security, veterans' benefits, unemployment) cannot be garnished.
16.5 Bank levy or account garnishment
A bank levy in New Hampshire works by using the same trustee process. You identify the debtor's bank and serve the bank as the trustee with a writ. The bank freezes funds in the account at the moment of service. The debtor has a chance to claim exemptions (Social Security, SSI, veterans' benefits, and other protected deposits). After the statutory period, non-exempt funds are turned over to you.
16.6 Debtor's examination
A debtor's examination in New Hampshire is called a Periodic Payment Hearing. The judgment creditor files a Motion for Periodic Payments (NHJB-2364-DP). The debtor must appear in court, complete a financial affidavit, and answer questions under oath about income, assets, and expenses. The court can then enter an installment order requiring the debtor to make periodic payments, which is enforceable as a court order.
16.7 Satisfaction of judgment
A satisfaction of judgment in New Hampshire is filed when the debtor pays the judgment in full (or settles for less than the full amount, by agreement). The judgment creditor signs and files a Satisfaction of Judgment with the court. This clears the court record and any recorded lien. Filing satisfaction is required; failing to file after payment can expose the creditor to liability.
16.8 Judgment renewal
A New Hampshire judgment is valid for 20 years and renewable by petition before the 20-year period expires. That's a long runway compared to most states. During those 20 years, you can keep using writs of execution, trustee process, and lien recordings to collect.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by using the Uniform Enforcement of Foreign Judgments Act (UEFJA). New Hampshire has adopted UEFJA. File an authenticated copy of the foreign judgment and an affidavit with the New Hampshire court, serve notice on the debtor, wait the statutory period, and then enforce it as a New Hampshire judgment. To collect a New Hampshire judgment in another state, follow that state's UEFJA procedure.
16.10 What's exempt from collection in New Hampshire
New Hampshire protects the following property from collection. Bring this list to any collection planning conversation; if the debtor's assets are all on this list, your judgment may be hard to collect.
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | $120,000 in equity | RSA 480:4 | Statutory procedure required for full protection |
| Motor vehicle (one) | $4,000 in equity | RSA 511:2, IX | Per debtor |
| Tools of trade | $5,000 | RSA 511:2, III | Tools, books, equipment for occupation |
| Necessary household goods | $3,500 | RSA 511:2, II | Furniture, appliances, clothing, heating fuel |
| Jewelry (personal use) | $1,000 | RSA 511:2, I | E.g., wedding ring |
| Wild-card (any personal property) | $1,000 | RSA 511:2, XIX | Debtor's choice |
| Public retirement benefits | Fully exempt | RSA 100-A:26 | State and municipal pensions |
| Qualified private retirement (IRA, 401(k)) | Generally fully exempt | RSA 511:2, XVI | ERISA plans included |
| Life insurance proceeds / cash value | Often exempt | RSA 402:69 | Beneficiary rules apply |
| Public assistance benefits | Fully exempt | RSA 167:25 | Need-based aid |
| Unemployment compensation | Fully exempt | RSA 282-A:159 | Except certain offsets like child support |
| Workers' compensation | Fully exempt | RSA 281-A | |
| Social Security / SSI | Fully exempt | 42 U.S.C. § 407 | Federal law; banks must protect recent deposits |
| Veterans' benefits | Fully exempt | 38 U.S.C. § 5301 | Federal law |
| Child support (received) | Treated as exempt for the child | (no statute cited) |
If the debtor files bankruptcy, the automatic stay under 11 U.S.C. § 362 halts collection. A discharge may eliminate the personal debt entirely.
17. State-specific quirks and pitfalls in New Hampshire
New Hampshire has several rules that surprise filers. Small claims is not a separate court; it's a process inside the Circuit Court District Division. Initial service starts with the clerk mailing the complaint, not formal service. Appeals go to the New Hampshire Supreme Court on questions of law only, not a brand-new trial. Knowing these up front prevents wasted filings.
- No separate small claims court. Small claims is a streamlined track inside the Circuit Court — District Division. There is no special judge or building. You file the NHJB-2370-De Small Claim Complaint, and it goes onto the District Division docket.
- Clerk-mailed service comes first. The clerk mails the complaint to the defendant by first-class mail. Only if that mailing comes back undelivered must you arrange formal service (sheriff, certified mail, process server). This is unusual and saves money.
- Appeals are not de novo. Unlike most states, a New Hampshire small claims appeal goes to the Supreme Court on questions of law only. There's no fresh trial. If you may want a meaningful appeal, request a sound recording at least 5 business days before the hearing.
- Jury demand over $1,500 forces transfer. Either party can demand a jury trial for claims over $1,500. That demand kicks the case to Superior Court, where rules are more formal and attorneys are common.
- Mandatory mediation for claims over $5,000. The Office of Mediation and Arbitration handles it, and it's free beyond the $60 surcharge baked into the filing fee. Many cases settle that day.
- Businesses can represent themselves. Under RSA 503:11, a business may appear through an officer or authorized employee without a lawyer. This is broader than many states allow.
- Government claims need notice. Sue a municipality and you must give RSA 507-B notice within 60 days. Sue the State and you must give RSA 541-B notice within 180 days. Miss the notice and the case is dead.
- SCRA affidavit is required before default. Courts won't enter a default judgment without an Affidavit of Non-Military Service. Don't skip it.
- Judgments last 20 years. That's much longer than most states. Plan your collection accordingly.
- No formal discovery. No depositions, no interrogatories. Bring your evidence to the hearing or you don't have it.
- Bad checks need a 10-day demand. Under RSA 544-B, you must send a written demand and wait 10 days before suing for statutory bad-check penalties.
- No claim splitting. You cannot split one cause of action into two suits to fit the $10,000 cap. You can waive the excess, or file in Superior Court.
18. Sources and citations
- NH Judicial Branch: Small Claims (libguides). courts.state.nh.us. https://courts-state-nh-us.libguides.com/smallclaims. Cited for: court structure, forms index, mediation, filing methods, hearing process, post-judgment steps.
- RSA 503:1 — Small Claim Defined. law.justia.com. https://law.justia.com/codes/new-hampshire/title-li/chapter-503/section-503-1/. Cited for: monetary cap, jurisdiction, jury and mediation thresholds.
- RSA 502-A:14 — District Division jurisdiction. law.justia.com. https://law.justia.com/codes/new-hampshire/title-li/chapter-502-a/section-502-a-14/. Cited for: court structure, division scope, exclusive jurisdiction under $1,500.
- RSA 508:4 — Statutes of Limitations. gc.nh.gov. https://gc.nh.gov/rsa/html/LII/508/508-4.htm. Cited for: statute of limitations master table, discovery rule, tolling.
- RSA 382-A:3-118 — Promissory notes / negotiable instruments limitations. gc.nh.gov. https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-3-118.htm. Cited for: promissory note limitation, bad check limitation, partial payment restart.
- RSA 382-A:2-725 — UCC warranty statute of limitations. gc.nh.gov. https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-2-725.htm. Cited for: breach of warranty SOL.
- RSA 544-B — Bad checks demand. law.justia.com. https://law.justia.com/codes/new-hampshire/2021/title-lv/title-544-b/section-544-b-1/. Cited for: bad check demand letter and 10-day wait.
- FindLaw: New Hampshire Small Claims Courts. findlaw.com. https://www.findlaw.com/litigation/going-to-court/new-hampshire-small-claims-courts.html. Cited for: scope examples, attorneys allowed, informality.
- NH Secretary of State — Corporation Division. sos.nh.gov. https://sos.nh.gov/corporation-division. Cited for: business defendant identification, registered agent.
- RSA Title 508 Table of Contents. gc.nh.gov. https://gc.nh.gov/rsa/html/nhtoc/nhtoc-lii-508.htm. Cited for: tolling rules, second-suit saving rule.
- RSA Chapter 503 (procedures). gc.nh.gov. https://gc.nh.gov/rsa/html/LI/503/503-mrg.htm. Cited for: service by clerk mail, defendant response period, default judgment procedure, transfer on jury demand, recoverable costs.
- NH Judicial Branch. courts.state.nh.us. https://www.courts.state.nh.us. Cited for: e-filing (Odyssey), forms index, fee schedules, mediation.
- Flowlawyers: NH employment law. flowlawyers.com. https://flowlawyers.com/law/new-hampshire/employment. Cited for: exhaustion for discrimination claims (NHCHR).
- Motion for Periodic Payments (NHJB-2364-DP). formalu.com. https://www.formalu.com/forms/62910/motion-for-periodic-payments. Cited for: periodic payment hearing form.
19. Frequently asked questions
What is the maximum amount you can sue for in New Hampshire small claims court?
The maximum amount you can sue for in New Hampshire small claims court is $10,000, not counting interest and costs. The cap is set by RSA 503:1. You can waive any amount over $10,000 to keep your case in small claims, but you cannot split one claim into multiple suits.
How much does it cost to file a small claims case in New Hampshire?
Filing a small claims case in New Hampshire costs about $90 in base entry fees, plus a mediation surcharge of $5 for claims of $5,000 or less or $60 for claims over $5,000. Service fees are additional. The total typically lands between $95 and $200 depending on the claim size and how the defendant is served.
How long do I have to sue in New Hampshire small claims?
You have 3 years to sue in New Hampshire small claims for most claim types, including written contracts, oral contracts, property damage, personal injury, and consumer protection. Promissory notes get 6 years under RSA 382-A:3-118. Sales-of-goods warranty claims get 4 years under RSA 382-A:2-725. The clock starts on the breach or injury date, with a discovery rule for fraud and latent harm.
Do I need a lawyer for New Hampshire small claims court?
You do not need a lawyer for New Hampshire small claims court. Attorneys are allowed on either side, but the process is designed for self-represented parties. Hearings are informal, and judges are used to helping pro se filers. Businesses can appear through an officer or authorized employee under RSA 503:11.
Can a business sue or be sued in New Hampshire small claims?
A business can sue or be sued in New Hampshire small claims under RSA 503:11. The business must appear through an officer or authorized employee (or its own attorney). Name the business by its exact registered name from the NH Secretary of State's QuickStart business search. Misnaming a business is the top reason judgments cannot be collected.
How do I serve the defendant in New Hampshire?
To serve the defendant in New Hampshire small claims, the clerk first mails the complaint by first-class mail. If that mail isn't returned, service is complete. If returned undelivered, you arrange formal service: sheriff ($25 to $50 plus mileage), certified mail with return receipt (about $7), private process server (about $75 to $100), or court-ordered alternate service.
How long does it take to get a hearing in New Hampshire small claims?
Getting a hearing in New Hampshire small claims usually takes about 6 to 8 weeks from filing. The clerk first mails the complaint to the defendant, who has 30 days to respond. If the defendant responds, the court schedules the hearing, typically with at least 14 days' notice. Court workload affects exact timing.
What happens at a New Hampshire small claims hearing?
A New Hampshire small claims hearing is an informal bench trial before a judge, with no jury. The plaintiff goes first: explains the claim, presents exhibits, calls witnesses. The defendant responds. Formal rules of evidence are relaxed. The judge can ask questions, weigh hearsay, and rule from the bench or by mail.
What if the defendant doesn't show up in New Hampshire?
If the defendant doesn't show up in New Hampshire small claims, the plaintiff can ask for a default judgment. The plaintiff must have proof of service on file and file an Affidavit of Non-Military Service (SCRA). For unclear damages, the judge may set a brief prove-up. The defendant can move to vacate within 30 days for good cause.
What if I miss my New Hampshire small claims hearing?
If you miss your New Hampshire small claims hearing as the plaintiff, the case is typically dismissed (usually without prejudice the first time, so you can refile within the statute of limitations). If you miss it as the defendant, the plaintiff can get a default judgment against you. File a motion to vacate quickly, with a good reason for missing the hearing.
Can I appeal a New Hampshire small claims judgment?
You can appeal a New Hampshire small claims judgment to the New Hampshire Supreme Court within 30 days of the judgment, on questions of law only. There is no brand-new trial. File a Notice of Appeal (JDMS Form No. 1). To create a meaningful record for appeal, request a sound recording at least 5 business days before the hearing.
How do I collect a New Hampshire small claims judgment?
To collect a New Hampshire small claims judgment, you can record a certified copy at the County Registry of Deeds to create a real estate lien, request a writ of execution to levy assets, use trustee process to garnish wages or bank accounts, and file a Motion for Periodic Payments (NHJB-2364-DP) for a debtor exam and installment order. The judgment is valid for 20 years.
Can I garnish wages in New Hampshire?
You can garnish wages in New Hampshire using trustee process, up to the federal cap of 25% of the debtor's disposable earnings. Serve trustee process forms on the employer through the court. Certain income sources (Social Security, veterans' benefits, unemployment compensation, public assistance) are exempt and cannot be garnished.
How long is a New Hampshire small claims judgment valid?
A New Hampshire small claims judgment is valid for 20 years. That's longer than most states. You can renew it by petition before the 20 years run out. During that time, you can keep using writs of execution, trustee process, and recorded liens to collect.
Can I sue a city or government agency in New Hampshire small claims?
You can sue a city or government agency in New Hampshire small claims only if you first give the required notice of claim. Municipalities require notice within 60 days under RSA 507-B. The State requires notice within 180 days under RSA 541-B. Miss the notice and the case is barred even if it's otherwise timely.
Do I have to send a demand letter before filing in New Hampshire?
You do not have to send a demand letter before filing most New Hampshire small claims, but it's recommended. For bad-check claims under RSA 544-B, a written demand and a 10-day wait are required before suing for statutory penalties. Some other statutes (consumer protection, landlord-tenant) have their own notice rules. Send by certified mail with return receipt.
What forms do I need to file in New Hampshire small claims?
The forms you need to file in New Hampshire small claims are the NHJB-2370-De Small Claim Complaint and, if you can't afford the filing fee, the NHJB-2886-DFPE Motion to Waive Filing Fee. After filing, you may also use an Appearance form (NHJB-2821-DF) and, post-judgment, a Motion for Periodic Payments (NHJB-2364-DP).
Can I file New Hampshire small claims online?
You can file New Hampshire small claims online through the NH e-Court (Odyssey) portal at courts.nh.gov. Create an account, upload your Small Claim Complaint as a PDF, fill in case details, and pay by card. Attorneys generally must e-file; self-represented filers may also use it.
Does New Hampshire small claims have a jury?
New Hampshire small claims does not have a jury at the District Division level. If either party demands a jury for a claim over $1,500, the case is transferred out of small claims to Superior Court, where juries are available. The jury demand triggers transfer regardless of which side wants it.
What's the New Hampshire security deposit penalty?
The New Hampshire security deposit penalty is double the deposit amount when the landlord withholds in bad faith, under RSA 540-A:8. The landlord has 30 days after the tenant moves out to return the deposit or provide an itemized statement of deductions. Failure to do so opens the door to the double-damages remedy. A tenant must sue in small claims (or Superior Court) to enforce.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine small claims disputes in New Hampshire: an unpaid invoice, a security deposit return, property damage from a fender-bender, a broken contract under a few thousand dollars. The forms are simple, the rules are forgiving, and the judge expects pro se filers.
Call a lawyer if your claim is near the $10,000 cap (especially if you might also have a Superior Court claim), if the statute of limitations is close or unclear, if you're suing the State or a municipality and the notice rules look complicated, if a contract has an arbitration clause you're trying to get around, if the case involves a complex business contract or technical defenses, or if you have a judgment that's going to be hard to collect (out-of-state debtor, exempt assets, business that may dissolve).
For low-cost legal help in New Hampshire, contact New Hampshire Legal Assistance, the Legal Advice & Referral Center, the New Hampshire Bar Association's lawyer referral service, or the Court Information Center at the courthouse for help with forms.
Disclaimer. This guide is general legal information, not legal advice. Reading it does not create an attorney-client relationship. Statutes, fees, and procedures change. Verify current rules with the New Hampshire Judicial Branch or a licensed New Hampshire attorney before relying on this information for your case.
This guide is general information about New Hampshire small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in New Hampshire for advice about your specific situation.