New Hampshire's civil law grants individuals and businesses the right to be compensated for a loss, damage, or injury caused by others. When such controversy is brought before the court, the court can resolve it by dismissing it (if valid grounds exist) or rendering a judgment.
Any judgment rendered within the New Hampshire Court System is placed in an official file, which is publicly accessible under Part I, Article 8 of the N.H Constitution and established court rules, except when access is prohibited by law or court order. Hence, like most New Hampshire court records, judgment records are available to interested and eligible persons. A New Hampshire judgment record carries information about the case parties and their attorneys (names and addresses), the finding on issues (i.e., the points in dispute), the rationale behind the court's decision, the presiding judge, the judgment type, and remedy.
What is a Judgment?
A judgment signifies the end of a court case. It is the last decision of a court regarding a civil matter, which determines the rights and liabilities of the persons involved.
The New Hampshire courts can enter a judgment after or without a trial. When rendered, a judgment can grant a monetary award (which may include costs and interest) to the prevailing party. It can also order the losing side to perform or cease an action (equitable relief) or assert the rights of the litigants (declaratory relief) without decreeing a legal or equitable remedy.
New Hampshire Judgment Laws
Title LIII, Chapter 524 and 524-A of the New Hampshire Statutes contains the state's judgment laws. These laws govern the entry and execution of judgments. In addition to the laws, each trial court has specific rules, practices, and procedures regarding judgments and pre/post-judgment actions.
What is Judgment Lien?
A judgment lien is a debt collection tool used by a creditor (the winner of a lawsuit) to satisfy a court judgment. In New Hampshire, judgment liens can be attached to real or personal property without the owner's consent. Creditors may use this type of property lien when a debtor (the loser of a lawsuit) fails to pay up. Judgment liens allow creditors to preserve their interest in a debtor's property and recover the judgment debt from its sale.
What is a New Hampshire Summary Judgment?
When a lawsuit is filed in a New Hampshire court, it triggers specific court procedures geared to administer a fair and speedy resolution to the disputing parties. In settling a dispute, the fact-finder (the judge or jury) must determine what occurred (the facts) and the law that applies.
In reality, it is not always that there will be contentious issues in a case. A litigant may discover that the other side has no adequate claim or defense, and even if that side did, the trial's outcome would not change, i.e., they will still win the case. When this happens, the party (the plaintiff or defendant) can request a summary judgment, which asks the court to release a judgment in their favor without a full trial. However, the court will only grant this request if it is proven that there are indeed no triable issues, and the moving party is entitled to a judgment by law.
Aside from a judgment that summarily ends a case before a trial, the state courts can also render a _partial summary judgment_for the undisputed parts and leave the other disputed facts for a trial.
What is A Summary Judgment Motion In New Hampshire?
A summary judgment motion in New Hampshire is a request by a party that urges the court to rule on all or part of a suit without a trial.
Any party to a suit can move for a summary judgment when there is no challenge to the facts - i.e., no trial is needed to resolve the case - and the party is entitled to win the lawsuit by law. One benefit of filing this motion is that the expense, time, and effort of a full trial can be sidestepped.
In considering whether to approve a summary judgment motion, the court must find that the "pleadings, depositions, admissions on file, and answers to interrogatories, plus any filed affidavits, show that no genuine issue as to any material fact exists and that the movant is entitled to judgment as a matter of law." (N.H. Rev. Stat. Ann. § 491:8-a)
It should be noted that the court that granted the motion for a summary judgment can reconsider it upon the motion of a party, and the court's decision can be appealed to the Supreme Court.
New Hampshire Judgment Record Search
Judgments are public records under New Hampshire's Constitution and court rules. Hence, residents and other interested parties have the right to search, view, and copy judgment records by any means provided by the courts. This includes via the internet, mail, or in-person at the court clerk's office.
Regarding electronic access to records, although members of the public can review court records and documents frequently requested by the public and media online, the New Hampshire courts do not maintain central or independent civil record databases online. As a result, anyone who wants to search for a New Hampshire judgment record must visit the courthouse in which the judgment was rendered during regular business hours.
Alternatively, the researcher can fill a Record Search Request form and mail or hand-deliver it to the New Hampshire Judicial Branch Administrative Offices. The applicable forms, mail/physical addresses, and fees can be obtained from an instruction sheet supplied by the courts.
How Do I Look Up a Judgment In New Hampshire?
To look up a judgment in New Hampshire, an individual must first identify the Superior or Circuit Court that entered the judgment. The requester will need to provide vital case detail at the court, such as a case number, to enable the court staff to find the judgment quickly. If the case number is unknown, the requester must pay a search fee unless they are party to the case or another exempted party (attorney, public defender, military recruiter, law enforcement, etc.)
The judiciary's Find-Your-Court page is a valuable resource in discovering a court's location, telephone number, and working hours.
What Happens if You Have a Judgment Against You in New Hampshire?
Losing a lawsuit in New Hampshire results in the entry of a judgment. Consequently, the losing party will become subject to the court's final decision, which can be to pay damages, return property, or fulfill an obligation to the winner of the suit.
In every scenario, it is in the debtor's interests to satisfy the judgment immediately to reduce the resulting adverse impact on their finances and life. Where the court rendered a money judgment and the debtor cannot pay, it is necessary to ask the court to approve an installment payment plan rather than opting to do nothing. Other than this, the debtor can try to discharge the debt at a bankruptcy proceeding.
How Do I Find Out If I Have Any Judgments Against Me In New Hampshire?
Usually, anyone who has had a judgment entered against them in New Hampshire will be notified by the court. Perchance this notice is not received because of an address change or some other reason. In that case, the interested party can contact the relevant court clerk's office for inquiries if aware that they are party to ongoing litigation in that court.
Nevertheless, one foolproof way to find an outstanding judgment is when one becomes the recipient of debt collection activities like bank account and wage garnishments.
Besides waiting for one's wages to be garnished or a bank account frozen to learn about a judgment, an individual can also check their credit report. However, this may be a longshot as civil judgments are less likely to appear on credit reports due to the reporting policies implemented by the major credit bureaus as part of the National Consumer Assistance Plan (NCAP).
How Long Does A Judgment Stay On Your Record?
New Hampshire's laws do not provide for the erasure of a civil court file created as a result of a lawsuit. As such, a civil judgment remains in its relevant court file forever, even if the file is placed under seal.
Regarding civil judgments appearing on credit reports, while it is true that the credit bureaus have stopped reporting civil judgments, it is not unlawful for an agency to add this public record on one's credit report in the future. Per the Fair Credit Reporting Act, any unsatisfied civil judgment that appears on a person's credit report can remain there for up to seven years or until the applicable statute of limitations expires, whichever is greater.
How To Enforce A Judgment In New Hampshire
When a civil court renders a judgment in New Hampshire, those involved are legally mandated to comply with it. If the judgment was monetary, the debtor (person who lost) must pay what is owed to the creditor within 30 days or ask the court to order payment in installments. Otherwise, the creditor can enforce the judgment.
A creditor has several ways to guarantee that a judgment is fulfilled under the state's statutes. Most of these post-judgment enforcement procedures are initiated by filing documents with the court. For instance, the creditor may seek a court order to levy the debtor's bank account, attach the debtor's property, or garnish the debtor's wages. This allows the creditor to take the money from the debtor's wages, bank account, or other non-exempt assets, or claim or sell the debtor's personal/real property to collect the debt. Also, the creditor can place a lien on a lawsuit where the debtor is the plaintiff in hopes of retrieving the money from the winnings.
How To Collect A Judgment In New Hampshire
Collecting a judgment in New Hampshire is the same as enforcing it. It entails recovering a judgment amount via other means due to a debtor's refusal or failure to pay. New Hampshire typically gives debtors 30 days to pay up in full before debt recovery activities commence.
A judgment creditor who wants to collect a judgment must identify the debtor's assets, either through the debtor or a third party (an employer or bank). After discovering the assets, the creditor can then seek a property, wage, or bank account execution against the debtor, as described above.
Additionally, upon a debtor's failure to pay or file an appeal within 30 days of a judgment's entry, the creditor can file a Motion for Periodic Payments (and pay the $25 filing fee) to initiate a payment hearing under N.H. Rev. Stat. Ann. § 524:6-a. At this hearing, the court will enter an Order of Payments, instructing the debtor to pay a specific amount to the creditor at regular intervals. The Circuit Court's procedures for filing such a motion are outlined in Rule 1.21 but can also be obtained from an instruction sheet provided by the court.
An experienced attorney can provide insight and help on collection procedures in the state. Also, a local sheriff may be able to provide such information.
What Happens if a Defendant Does Not Pay a Judgment in New Hampshire
Getting sued in court can happen to anyone. However, the collection activities that can occur after a person loses their case can be avoided if only one satisfies their judgment willingly and promptly. (If the problem is insufficient funds, it is advisable to request an installment payment order from the court or, if possible, settle with the creditor for a lesser sum.)
For a defendant/judgment debtor, delaying or refusing to comply with the terms of a judgment only worsens the situation. If the defendant fails to pay, the creditor will not just forget about the debt and will often attempt to collect the money through other legal means. Aside from the seizure of the debtor's wages, property, and bank account, the court can impose additional costs (e.g., attorney fees and collection costs) on the debtor per the creditor's request. Also, interest will be assessed on the judgment amount.
Furthermore, suppose the creditor began a payment hearing, and the court entered an Order of Payments. In that case, the defendant's failure to pay can prompt a civil contempt hearing, leading to monetary sanctions and even jail time if the payment default was intentional.
What Personal Property Can Be Seized in a Judgment in New Hampshire?
While a judgment creditor can take a debtor's personal property to satisfy a judgment in New Hampshire, the law exempts certain property from execution or attachment. N.H. Rev. Stat. Ann. § 511:2 contains a list of exempted personal properties and goods, which includes:
- Household furniture valued at $3,500
- Essential wearing apparel of the debtor and the debtor's family
- Necessary comfortable beds, bedsteads, and beddings of the debtor and the debtor's family
- One sewing machine used by the debtor or debtor's family
- Tools of the debtor's trade or occupation valued at $5,000
- Domestic fowls not valued at above $300
- One automobile valued at $10,000
- Jewelry owned by the debtor or debtor's family that does not exceed $500 in value
- Provisions and fuel valued at $400
- Income from a retirement plan or arrangement that qualifies for tax exemption purposes
Any personal property that does not fall under the state’s exemption laws can generally be seized to pay a judgment.
New Hampshire Judgment Interest Rate
According to N.H. Rev. Stat. Ann. § 336:1 (II), the annual simple interest rate on judgments and prejudgments is affixed by the State Treasurer on or before the first day of December each year. The current and past rates can be obtained from the state judiciary's Interest Rates on Judgments/Prejudgments site.
What is a Default Judgment?
Any person who has been sued and served in New Hampshire is expected to respond, answer, or otherwise defend within the time limits given by law. Otherwise, the claimant (or plaintiff) can seek a default judgment against them under N.H. Rev. Stat. Ann. § 514:1.
While a default judgment has the effect of a final judgment (i.e., it indicates the rights and responsibilities of the parties), it is always rendered in favor of the plaintiff. This means that, without hearing the defendant's side of the story, the court can issue a judgment that directs the defendant to pay all damages the plaintiff asked for in their claim or stop the performance of an action.
How to File a Motion To Set Aside Default Judgment in New Hampshire
The New Hampshire courts do not enter a default judgment immediately after a defendant fails to appear or plead. The defendant's default will first be recorded upon the other side's motion or where appropriate, and with it, the plaintiff can request a default judgment.
A defendant can ask the court to strike a default or set aside ("vacate") a default judgment. However, according to the civil rules (e.g., Rule 42 of the Superior Court and Rule 3.42 of the Circuit Court), no default can be stricken off except by agreement or order of the court. Moreover, the court can only strike the default upon a defendant’s motion, which should set forth a reasonable defense (e.g., accident, mistake, or misfortune). By canceling the default, the defendant can be permitted to file an appearance (N.H. Rev. Stat. Ann. § 514:2) and continue the case.
In contrast, a default judgment can only be set aside by the court. However, like the procedure for striking off a default, the moving party must have good cause for filing the motion.
It is advisable to talk to an experienced attorney on the applicable forms to file a motion to set aside a default judgment and the relevant court procedures, to avoid any mistakes.
File Motion To Vacate Judgment in New Hampshire
Judgments entered by the New Hampshire courts are final and binding upon the involved parties. As such, any party unsatisfied with a judgment will usually have to begin appeal procedures to overturn or vacate the trial court's decision. Nevertheless, there are instances where the trial court will vacate a judgment upon the motion of an aggrieved party. This can happen because the court lacked personal jurisdiction to render the judgment, improper service of process occurred, or the judgment was entered due to accident, mistake, or misfortune.
If these scenarios apply, a party can vacate (or set aside) the judgment by filing a motion with the court that entered the judgment. However, note that the deadline to file such motions is short. Individuals typically only have ten days from the notice of entry of judgment to file a motion to vacate in New Hampshire.
How To Remove An Abstract Of Judgment In New Hampshire
A successful plaintiff (or defendant in a counterclaim) can place a lien on the judgment debtor's non-exempt property to secure a judgment in New Hampshire. However, a judgment does not naturally become a lien upon real or personal property. The creditor must first record a certified copy with the appropriate office. Some states call this document an "Abstract of Judgment" or "Transcript of Judgment," but the state does not use these terms.
In New Hampshire, judgment creditors can establish a lien on a debtor's real estate by filing the judgment's certified copy with the Registry of Deeds of the county where the debtor's property is or may be situated. For personal property, the filing will occur in the Secretary of State's office. To remove the lien/certified copy of the judgment, the debtor can wait for the statute of limitations (six years) to expire or satisfy the judgment so that the creditor releases ("discharges") the lien.
Concerning liens on real estate, the judgment creditor is expected to discharge/release a lien when the judgment is paid in full. However, if the creditor fails to remove the lien after thirty days of receiving the debtor's request, or if an immediate discharge is sought, the debtor can seek the court's intervention. Eventually, the debtor must record the discharge with the applicable Registry of Deeds and pay the recording fee to remove the lien.
How Long Is a Judgment Good For In New Hampshire
Any judgment rendered in New Hampshire is good for twenty years from its entry date. After that time passes, judgment creditors cannot continue collection activities against debtors.
New Hampshire Judgment Statute of Limitations Law
The statute of limitations law governing the period within which judgments are enforceable in New Hampshire is N.H. Rev. Stat. Ann. § 508:5.
