Introduction
Small claims court in New Hampshire provides a straightforward way to resolve disputes involving smaller sums of money. With a monetary limit of $10,000, the process is designed to be accessible, allowing individuals and small businesses to represent themselves without the need for an attorney.
This guide explains how to file a small claim in New Hampshire, from determining eligibility to presenting your case effectively.
1. What Is Small Claims Court in New Hampshire?
Small claims court is a division of the Circuit Court system in New Hampshire, handling cases where the claim amount does not exceed $10,000. The process is simplified to make it accessible to individuals without extensive legal experience.
2. Common Types of Small Claims
New Hampshire’s small claims court typically handles:
- Unpaid Debts: Loans, invoices, or service fees.
- Property Damage: Repairs for vehicle or property damage caused by negligence.
- Breach of Contract: Disputes over unfulfilled agreements.
- Landlord-Tenant Issues: Unreturned security deposits or unpaid rent.
3. Eligibility to File a Small Claim in New Hampshire
To file a small claim in New Hampshire:
- The claim amount must be $10,000 or less.
- The defendant (person being sued) must reside or do business in New Hampshire.
- The case must involve a monetary dispute or property recovery.
4. Steps to File a Small Claim in New Hampshire
Step 1: Obtain the Necessary Forms
- Visit the New Hampshire Judicial Branch website or the local Circuit Court to access the Complaint Form (NHJB-2820-DPS).
- Provide details about the claim, including:
- The amount sought.
- The reason for the claim.
- Defendant’s name, address, and contact information.
Step 2: File the Complaint
- File the completed form with the Circuit Court in the district where the defendant resides or where the incident occurred.
- Pay the filing fee, which varies based on the claim amount (see section 5).
Step 3: Serve the Defendant
The defendant must be notified of the lawsuit through proper service, such as:
- Certified Mail: Sent by the court clerk, requiring a return receipt.
- Sheriff’s Service: Delivered by the sheriff’s department for an additional fee.
5. Filing Fees for Small Claims in New Hampshire
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $90 |
| $1,501 to $5,000 | $115 |
| $5,001 to $10,000 | $145 |
Additional fees may apply for service of process or other court-related expenses.
6. Preparing for Your Court Hearing
Collect Evidence
- Gather all relevant documents, such as contracts, invoices, emails, receipts, and photos.
Organize Witnesses
- If applicable, arrange for witnesses who can testify on your behalf.
Practice Your Statement
- Clearly outline your argument, focusing on the facts of the case and the resolution you seek.
7. What to Expect on the Court Date
On the hearing date, you’ll present your case to a judge or magistrate:
- Opening Statements: Each party explains their side of the dispute.
- Evidence Presentation: Submit documents, photos, and other proof.
- Judge’s Questions: Be prepared to answer questions to clarify your case.
- Closing Arguments: Summarize your position and desired outcome.
- Judgment: The judge may issue a decision immediately or notify the parties later.
8. Collecting a Judgment
If the court rules in your favor and the defendant doesn’t pay voluntarily, you may need to take steps to collect your judgment, such as:
- Garnishing Wages: Request the court to deduct the judgment amount from the defendant’s paycheck.
- Placing a Lien: Secure the judgment with a lien on the defendant’s property.
- Seizing Bank Accounts: Use a court order to collect funds from the defendant’s accounts.
9. Frequently Asked Questions
1. What is the monetary limit for small claims in New Hampshire?
The maximum claim amount is $10,000.
2. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation.
3. Can businesses file claims in small claims court?
Yes, businesses can file claims within the $10,000 monetary limit.
4. How long does it take to resolve a small claim?
Most cases are resolved within 1–3 months, depending on court schedules.
5. What happens if the defendant doesn’t appear in court?
The judge may issue a default judgment in favor of the plaintiff.
6. Can I appeal a small claims court decision in New Hampshire?
Yes, appeals must be filed within 30 days, and the case will be heard in a higher court.
10. Conclusion
Filing a small claim in New Hampshire is a straightforward process that allows individuals and businesses to resolve disputes efficiently. By understanding the rules, preparing your case thoroughly, and following the proper procedures, you can confidently navigate the system and achieve a fair resolution. Whether pursuing unpaid debts, resolving property disputes, or addressing contract issues, New Hampshire’s small claims court offers an accessible platform for justice.