NH Law About ...: Small Claims: Read About The Law ...

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Court Resources for Small Claims

Small claims court is intended to be a simple, speedy, and informal procedure to sue for money. Attorneys are allowed to handle small claims cases but more often parties represent themselves. In New Hampshire, small claims cases are filed in the District Division of the Circuit Court. The Division's website has extensive information about small claims including definitions, checklists, forms, and electronic filing (efiling).

Circuit Court. District Division. Small Claims (e-filing)
Effective July 1, 2015, a person or entity may sue any person or business whom it is alleged owes $10,000.00 or less or who has caused damage of $10,000.00 or less. Any claim in excess of $5,000 is subject to mandatory mediation. If the claim is over $1500, the Defendant may request a jury trial.
Electronic Case Filing. Small Claims Cases
Scroll down the page and click on Small Claims Cases
Circuit Court. District Division. Small Claims (e-Filing). Definitions
Circuit Court. District Division. Small Claims Mediation
The District Court small claims mediation program was developed in 2005. It provides litigants with an opportunity to try to resolve their cases with the help of a mediator rather than having to go before a judge.

Where to Sue

Circuit Court. District Division. Small Claims (e-filing)
The claim shall be filed in the district division where either the Plaintiff or the Defendant resides. If the Defendant is not a resident of New Hampshire, the claim may be filed in the court of any town or district where the Defendant, in person or through an agent, transacts business; makes a contract with a resident of the town or district; commits a tortious act; or owns, uses or possesses any real property.
New Hampshire. Dept. of Justice. Consumer Protection Bureau. Small Claims Court
A claim may be filed either in the district court where the plaintiff lives, where the defendant lives, or where the legal wrong arose.

Wiebusch on New Hampshire Civil Practice and Procedure by Gordon J. MacDonald; Richard V. Wiebusch
Call Number: KFN1280 .N48
ISBN: 9781630437725
Publication Date: 2014
See Part 2, Jurisdiction and Venue

Wiebusch on New Hampshire Civil Practice and Procedure
Offers comprehensive treatment of all aspects of New Hampshire civil practice and procedure, beginning with commencement of a civil action, proceeding through trial, and concluding with appellate review. Among other topics, it provides a thorough analysis of arbitration, equity proceedings, and administrative agency proceedings. It also contains numerous sample forms and pleadings.

Collecting the Judgment

Electronic Case Filing. Small Claims Cases. Instructions to Plaintiff After Being Awarded Judgment
The defendant has thirty (30) days to pay the judgment in full. If the defendant fails to pay the judgment in full within thirty (30) days you may begin collection proceedings.
Circuit Court. District Division. Small Claims. Collection Process
In addition to the periodic payment process, the Plaintiff may seek a post judgment attachment upon real or other property owned by the Defendant. Also, a successful Plaintiff may secure a judgment upon real estate owned by the Defendant by filing a certified copy of the judgment in the Registry of Deeds in the county where the Defendant's real estate is located.
New Hampshire Legal Aid. Debt
If the judge decides that you owe the debt, this is called a judgment. If a judgment is entered against you, you will likely receive a notice to appear at a periodic payment hearing to set up a reasonable repayment plan. At the hearing, you will have a chance to show that you are unable to pay the debt by filling out a financial affidavit form. You must go to the "periodic payment hearing" to keep this right. If you do not attend the "periodic payment hearing," the court could issue a warrant for your arrest.
Electronic Case Filing. Small Claims Cases. What To Do If An Order Of Arrest Has Been Issued

Collection Law From Start to Finish by National Business Institute
Call Number: KFN1420.A75 C652 2016
Publication Date: 2016

Collecting Across State Lines

If you have obtained a money judgment from a New Hampshire court against someone who lives out-of-state, you will need to "register" or "domesticate" your New Hampshire order. There is a uniform law called the Unified Enforcement of Foreign Judgments Act (UEFJA) but not all states have adopted this law. You will need to check the other state's statutes and court rules.

Electronic Case Filing. Overview – Registering a Foreign Judgment
If you have obtained a money judgment [from an out-of-state court] against someone who lives in New Hampshire you may “register” that judgment in a New Hampshire court and seek enforcement of it in the courts of New Hampshire. This is because judgments from other states are entitled to “full faith and credit” here in New Hampshire much the same way that a judgment from a New Hampshire court would be enforceable in another state.

New Hampshire Circuit Court. Checklist: Registration of a Foreign Judgment

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.