How do I file a small claims case in New Hampshire to get money someone owes me?
To start a small claims case in New Hampshire, a person (or an authorized attorney) files a small claim application or the court’s small claim complaint form in the municipal or district court where the plaintiff or defendant lives. The filing must state who is involved, the basis for the claim, and the amount sought, and the clerk will set a hearing after the fee is paid or a fee waiver is submitted. Hearings are informal and parties should bring all witnesses and documents they rely on. The small claims process is meant to be simple and speedy, and there are special rules when claims exceed certain amounts which can change where and how the case proceeds.
Current New Hampshire law
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The deadline that matters
A defendant generally must file a Response to Small Claim within 30 days if served by first class mail, or by a court-selected return date which will be not less than 45 days if served other ways, per N.H. Cir. Ct. Dist. Div. R. 4.3; additionally a defendant may request a jury trial within 5 business days when the claim exceeds $1,500 under N.H. Rev. Stat. § 503:1.
What New Hampshire law says
A small claim may be commenced by filing an application in the district or municipal court having jurisdiction, stating the names and residences of the parties, the basis of the claim, and the amount alleged due, and upon payment of the required fee the clerk shall set a time and place for hearing under N.H. Rev. Stat. § 503:3. The statement of the claim must be filed with the municipal court clerk in the town where the defendant or plaintiff resides, or if there is no municipal court, with the district court clerk in the appropriate district under N.H. Rev. Stat. § 503:3-a. A small claim is any action for money (not involving title to real estate) with debt or damages not exceeding $10,000; procedures differ if a jury is requested or the amount claimed exceeds thresholds under N.H. Rev. Stat. § 503:1. Court rules require use of the court’s Small Claim Complaint form and electronic filing unless exempt, and specify what information and supporting statements are required in the filing and what must be brought to trial, see N.H. Cir. Ct. Dist. Div. R. 4.1 and N.H. Cir. Ct. Dist. Div. R. 4.6.
What to do
A common first step is to fill out the court’s Small Claim Complaint form with the names, addresses, basis for the claim, and amount owed, as required by N.H. Cir. Ct. Dist. Div. R. 4.1.
A common next step is to file the completed form and pay the filing fee or submit a supported motion to waive the fee, after which the clerk will set a hearing date under N.H. Rev. Stat. § 503:3.
A common step is to gather and list all evidence and witnesses for the hearing, bringing originals and copies to court as the rules require, see N.H. Cir. Ct. Dist. Div. R. 4.6.
A common option is to consider whether the claim exceeds statutory thresholds that trigger mediation or transfer to superior court under N.H. Rev. Stat. § 503:1.
A common step is to use the provided evidence checklist (next step from the app) to organize documents to present at the informal hearing.
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Common questions
How much can I claim in small claims court?
A small claim covers debt or damages up to $10,000; different procedures apply if the amount claimed exceeds certain amounts under N.H. Rev. Stat. § 503:1.
Where do I file the small claim?
The claim must be filed in the municipal court where the defendant or plaintiff lives, or in the district court for the district where they live if no municipal court exists, per N.H. Rev. Stat. § 503:3-a.
Do I need to appear at the hearing?
Yes, the rules state parties must appear: if the plaintiff fails to appear judgment may be for the defendant, and if the defendant fails to appear judgment may be for the plaintiff, as described in N.H. Cir. Ct. Dist. Div. R. 4.6.
Can the defendant demand a jury trial?
When the claim exceeds $1,500, the defendant may claim a jury trial within the time allowed by statute, which will transfer the case to superior court as provided in N.H. Rev. Stat. § 503:1 and N.H. Cir. Ct. Dist. Div. R. 4.3.
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This page provides legal information about New Hampshire small claims, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
