What Is a Small Claims Court in New Hampshire?
Small Claims Courts in New Hampshire handle individual or business claims to recover money sums not exceeding $10,000. A Small Claims Court is a unit of the District Division of the New Hampshire Circuit Court. Small Claim Courts do not handle small claims actions for recovery of real properties; the courts only recover money sums. They have jurisdiction to handle the following claims:
- Breach of contract disputes
- Personal injury claims not above the jurisdictional limit
- Professional negligence claims
- Property damage claims
New Hampshire Small Claims Courts lacks jurisdiction to hear:
- Family law cases (divorce, child support issues, or guardianships)
- Name changes
- Bankruptcy cases
- Probate cases
- Personal injury cases above the jurisdictional limit
How Do New Hampshire Small Claims Courts Work?
Small Claims Courts procedures are less formal than other New Hampshire courts. The Circuit Court District Division resolves these issues less expensively and more quickly because the procedures are straightforward. The party suing for money recovery is the plaintiff, while the party being sued is the defendant. Although a judge presides over a small claims case, the parties do not necessarily need to employ the services of attorneys to handle the case. It means a party may self-represent if such party has a better understanding of the rules guiding a small claims action.
The plaintiff must first go for mandatory mediation in small claims action for recovery of $5000 or less. Also, any claims over $1500 may request a jury trial. In this instance, the Circuit Court District Division transfers the small claim action to the Superior Court for a jury trial. The law urges parties to try and resolve the dispute outside the court; that is, the plaintiff may send a demand letter for the money owed to the defendant. If the parties reach a compromise before the plaintiff files a claim, there won't be a need for a small claims action. However, if parties are unable to resolve, the plaintiff may sue the defendant for the money. Per Small Claim Electronic Filing Pilot Rules, individuals must file small claims electronically. New Hampshire maintains an online E-filing service for all small claims actions.
However, the Small Claims Court exempts a party who has shown extraordinary circumstances that may excuse the party from electronically filing. Plaintiffs self-representing may use the TurboCourt while Attorneys may use the program File & Serve. For more information on E-filing, use the Supplemental Rules For Electronic Filing. The Small Claims Court judgment is binding on both parties. Where the court's decision favors the plaintiff, the defendant must pay the judgment sum. However, parties against whom the judgment is against reserve the right to appeal the court's decision to the New Hampshire Supreme Court. The party must file the appeal within 30 days of the court delivering judgment or after receipt of court judgment from the clerk. The Supreme Court's decision is final, being the court of highest jurisdiction in the New Hampshire judicial branch.
How to Take Someone To Small Claims Court in New Hampshire
The plaintiff trying to recover money within the jurisdictional limit of New Hampshire Small Claims Courts needs to file a small claims action at the Circuit Court District Division. The appropriate Small Claims Court to file the action may be located in the plaintiff's town of residency, the defendant town of residence, or where the action took place. Plaintiffs may use the Find Your Court tool to find the location of any Circuit Courts in the state. Per New Hampshire Circuit Court Electronic Filing Pilot Rules, the plaintiff must file a Small Claims Complaint Form on the Electronic Filing Service maintained by the New Hampshire Court.
Electronic filing is mandatory for small claims action except when the court grants the plaintiff an exception. If there is an exception, complete a Request for Exception from the Electronic Filing form and attach it to the small claims complaint form when submitting. For plaintiffs completing the e-filing, note that the service requires account registration. It requires the plaintiff to fill in a name, address, date of birth, and nature of business (if it is a business). The nature of the business could be sole proprietorship, corporation, or an LLC.
For inquiries on finding the correct information on the business, contact the New Hampshire Secretary of State's Office at (603) 271-3246. The filing requires the plaintiff to input the claim's description, which is the reason for suing the defendant. It is important to note that when the plaintiff's small claim is an extension of consumer credit, the plaintiff files a statement of consumer debt. The statement may contain the following:
- A statement to assert the right to claim if the plaintiff is not the original creditor in the consumer. Also, a list of all prior owners right from the original creditor.
- The last four digits of the account number/account identifier (if it applies)
- The last payment date
- A designation of principal, interest, charges, and fees calculated according to the provisions of the applicable law.
While completing an application online, the plaintiff must provide a valid email address to receive the court process and copies of pleadings when relevant. The plaintiff is to pay a filing fee of $90 for claims of $5000 or less. The filing fee for any claim above $5000 but not more than $10,000 is $145. Note that where mail service on the named defendant is unsuccessful, the court may charge an additional sheriff fee. After successfully filing, the court serves the defendant with a copy of the plaintiff's complaint via regular or first-class mail. Suppose the Small Claims Court cannot enforce service on the defendant and returns the notice as undeliverable. In that case, the plaintiff must provide a new mailing address or request an alternative service. Failure to do this may lead to the dismissal of the plaintiff's claim.
Pre-trial attendance is mandatory for both parties. During the pre-trial, the court allows parties to mediate to see if parties may settle. If the parties reach an agreement, it must contain an acknowledgment that exempts incomes and assets from being used to enforce the contract or judgment. If the parties deviate from the agreement, the court enters the small claims case into a small claims docket under the Circuit Court District Division. Pre-trial requires no adducing evidence or calling of witnesses. If the pre-trial yields no agreement, the case goes for trial. At trial, parties present evidence that may prove their respective arguments.
Upon conclusion of the trial, the Small Claims Court may decide immediately, but the judge reserves the right to issue a written decision within 30 days from the trial date. If the judge delivers judgment in an open court on the trial date, the judge may inquire from the defendant the ability to pay the judgment sum from non-exempt assets. There are times the court may require that the defendant complete a statement of assets and liabilities to determine the ability of the defendant to pay in whole or in installment. The court does not require the plaintiff to file a motion for periodic payments. However, if the court decides not to enter judgment immediately, the plaintiff must file a Motion for Periodic Payments. The plaintiff also has the right to request a hearing to determine the defendant's ability to pay the judgment sum.
Any party dissatisfied with the court's decision may appeal the decision to the New Hampshire Supreme Court. However, apart from an appeal, any of the parties may file a motion for reconsideration within ten days of receiving notice of the Small Claims Court's decision. The motion must contain the particular point of law or fact that the party believes the court overlooked or misconstrued to reach its decision. The court may only take the motion after making an order. Also, the party must file a response within ten days of receipt of the motion after a court order. If the hearing is successful, the court may vacate its previous judgment or take any other action deemed appropriate in the case. Note that filing a motion to reconsider does not stay the court decision unless the court makes such an order.
How Much Can You Sue For in New Hampshire Small Claims Court?
To bring a small claims action in New Hampshire, the plaintiff must be claiming a money sum not exceeding $10,000. Note that any small claims action to recover a money sum worth $5000 or less requires mediation. Any individual or business who brings an action over the jurisdictional limit of a small claims action is deemed to have waived the extra money sum.
How to Defend Yourself in New Hampshire Small Claims Court
After a plaintiff files a complaint, the court serves the small claim complaint on the defendant. Upon receipt of the notice, the defendant files a court-generated Response to Small Claim form on the New Hampshire Electronic Service Filing to defend the claim. If the service of the notice was by first class mail, the defendant has 30 days to file the response. Otherwise, the plaintiff may send the reply within 45 days if the service of notice was by other actions specified by the law. The response must include the name, address of residence and mailing, date of birth (for individuals), and nature of business (business). The response must consist of the claim the defendant is acceding to or not; the defendant must provide a brief explanation for the claims in dispute.
After filing, the defendant receives an electronic notification form as proof of receipt by the court. The defendant may request a hearing date in a situation where the defendant disputes the plaintiff's claims. If the defendant requests a court hearing in the response, the court sets a pre-trial hearing date. After which, the court sends notice of hearing and other information for the pre-trial hearing to the defendant and the plaintiff. However, if the defendant admits to the money sum the plaintiff is claiming, the court then enters judgment in favor of the plaintiff and sets a payment hearing. If the defendant has a different claim against the plaintiff, the defendant may file a counterclaim. The court sends the defendant a notice of hearing and other important information.
If, by chance, the defendant had already filed a bankruptcy claim which covers the small claim while filing the response, the defendant must check the "bankruptcy filed" box. The defendant may then attach the list of creditors and the bankruptcy case number. The court may issue an order staying the small claim proceeding pending the determination of the bankruptcy case.
How Long Do You Have to Take Someone to Small Claims Court in New Hampshire?
A statute of limitation is the timeframe within which a plaintiff may bring a small claims action against a defendant. If the case is filed outside the window, the court will not hear it. The Rules of the Circuit Court of the State of New Hampshire, District Division does not expressly provide for a statute of limitation. For more information, the plaintiff may contact the relevant Clerk of Circuit Court District Division within the town of residence.
What Happens if You Don't Show up for New Hampshire Small Claims Court?
Typically, the court may, on the trial date, enter judgment against the plaintiff who fails to appear. At the same time, the court may enter judgment against a defendant who fails to attend. However, if both parties fail to attend, the court may dismiss the case. Pre-trial attendance is mandatory for both parties, failure to attend, may lead to the court entering judgment in favor of the other party. If both parties fail to attend, the Small Claims Court may dismiss the case.
After the plaintiff files a small claims complaint form, the court serves the defendant's notice. The court rules require the defendant to file a response form to the complaint when defending the claims. If the defendant fails to file a response before the return date, the court may enter a default judgment if there is proof of service on the defendant. Before a court enters a default judgment in favor of the plaintiff, the plaintiff has to file a Military Service Statement form. It is to prove that the defendant is not in the military service. The court sends the notice of the decision of the default judgment electronically to the plaintiff if a claim for default judgment succeeds.
What are New Hampshire Small Claims Court Records?
New Hampshire Small Claims Court records are documents that contain the salient details of the small claims action. The New Hampshire Right to Know Act protects the public right of access to public records. A requester may access small claims action records except for those confidential under the law. For instance, the requester may not access the statement of assets and liabilities and the date of birth on a small claim confidential information sheet. A New Hampshire small claim judgment as a public record also reflects on the losing party's credit report.
Where Can I Find New Hampshire Small Claims Court Records?
The New Hampshire court service center makes available small claims action records on request. It cost $20 per name for up to 5 names, and additional names cost $5 per name. Make the checks payable to NHJB Central Processing Center. To request a New Hampshire court record, the individual may download Record Research and Billing Form. The requester may send the complete form and appropriate fee via mail to:
New Hampshire Judicial Branch Administrative Offices
Attention: Central Processing Center
1 Granite Place, Suite N400
Concord, NH 03301
Alternatively, submit the complete form in person on Monday through Friday from 8:00 a.m. to 4:00 p.m. to:
New Hampshire Judicial Branch Administrative Offices
Attention: Central Processing Center
1 Granite Place, Suite N400
Concord, NH 03301
