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Small claims forms · New Hampshire

New Hampshire small claims court forms

Vera can't fill New Hampshire's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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If you were sued: your answer is due 30 days after you were served. Source: RSA 503:6(I).

To sue (you're the plaintiff)

  • A small claim is started through the court's e-Filing: the Circuit Court, District Division small claims forms page lists no paper Statement of Claim. The claim sets out "the names of the parties involved, the residence of each party, the basis of the claim, and the amount alleged to be due"; on filing and payment of the fee, "the clerk shall set a time and place for hearing" (courts.nh.gov, District Division forms; RSA 503:3).
  • A small claim is any claim "not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed $10,000". Claims over $5,000 go to court mediation first unless a jury trial is claimed (RSA 503:1(I), (IV)).
  • File with the court for the town or district where the defendant or the plaintiff resides. If the defendant does not live in New Hampshire, the claim may be filed where the defendant transacts business, made a contract with a resident, committed a tortious act, or owns, uses or possesses property (RSA 503:3-a, 503:3-b).
  • "The court shall cause notice of the claim" to be sent to the defendant by first class mail. If the notice comes back undelivered, the court directs the plaintiff to complete service "at the expense of the plaintiff, as in all other actions at law". A surcharge of $5 (claims of $5,000 or less) or $60 (claims over $5,000) is added to the entry fee (RSA 503:6(I), (III); RSA 503:4(II)).
  • An attorney who appears must file an appearance and give copies to all other parties at least 7 days before the hearing. A business may be represented by a non-attorney officer, employee, partner, owner or trustee with written authorization. The court's forms: NHJB-2936-D Authorization for Representation under RSA 503:11, "filed by non-attorney litigants desiring to represent a business entity in a small claims matter", together with NHJB-2804-D District Division Rule 1.3d Statement, "Used in a Small Claims case by an individual who is a non-attorney that is filing on behalf of an individual/business/entity" (RSA 503:2-a, 503:11; courts.nh.gov, District Division forms).
  • When the claim is for a residential security deposit: the landlord must return it, with any interest due, "within 30 days from the termination of the tenancy", with a written itemized list of any deductions; a landlord who does not comply is liable for twice the deposit plus interest, less lawful charges (RSA 540-A:7(I), 540-A:8(I)(b)).

If you were sued (you're the defendant)

  • The court mails you notice of the claim directing you "to indicate, in writing within 30 days from the date said notice is mailed, the defendant's desire to be heard." If you do not respond and the notice was not returned as undelivered, "a default judgment will be entered in favor of the plaintiff" (RSA 503:6(I), (II)).
  • If you ask to be heard, the case is scheduled for a hearing, and both parties are notified by mail "at least 14 days in advance of the hearing." The court enters judgment for the plaintiff if the defendant does not appear (RSA 503:6(IV), 503:7).
  • When more than $1,500 is claimed, you may ask for a jury trial by a written request "within 5 business days of the filing" of the claim; the case then moves to the superior court, and you pay the small claims transfer fee, recoverable as a cost if you win (RSA 503:1(III)).
  • When more than $5,000 is claimed and no jury trial is claimed, the parties must take part in the district court mediation program; if that does not resolve the case, it goes to the judge (RSA 503:1(IV)).
  • A business defendant may appear through a non-attorney officer, employee, partner, owner or trustee with written authorization presented to the court under oath, using NHJB-2936-D with the NHJB-2804-D Rule 1.3d Statement. An attorney who appears must file an appearance at least 7 days before the hearing (RSA 503:11, 503:2-a; courts.nh.gov, District Division forms).
  • Either party may ask, at least 5 business days before trial, for a sound recording of the trial at that party's cost. An appeal to the supreme court may be taken at the time of judgment or within 30 days of the notice of judgment date (RSA 503:10).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.