New Hampshire Judgment: Types, Records, Duration, and What to Expect
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A judgment is a court’s decision that resolves a dispute and determines the rights and obligations of the parties involved in the case. In New Hampshire, judgments are entered in cases such as civil lawsuits, debt collection, property disputes, family law matters, and criminal restitution.
Once issued, a creditor may enforce a judgment legally, and debtors are liable to the judgment. If debtors fail to fulfill the judgment, it may lead to unwanted consequences, which include wage garnishment or liens on their property.
What Is a Judgment in New Hampshire?
In New Hampshire, a judgment is the final decision of a court that concludes a lawsuit. It may require one party to pay money, transfer their assets, or refrain from certain actions. Judgments are backed by the law and may be enforced through various means, such as garnishments, liens, or bank levies.
Types of Judgments in New Hampshire
Depending on the type of case, several types of judgments are available to the public in New Hampshire courts. These are listed below:
Money Judgments
The court grants money judgments to order the debtor to pay a fixed sum of money to the creditor. These often arise from cases involving contract disputes, debts, or damages in civil lawsuits.
Default Judgments
Rule 42 of the Rules of the Superior Court of the State of Hampshire defines default judgment in the state. These judgments occur when a party against whom a complaint has been issued fails to give a response. The court will then give a judgment in favor of the plaintiff.
Property or Lien Judgments
A judgment lien allows the creditor to seize the property of a debtor to recover their funds when they are unable to pay their debts. In New Hampshire, liens are recorded with the county Registry of Deeds, and creditors must prepare an affidavit to enforce the lien.
Family Court Judgments
Judgments from family-related cases, such as child support, custody, or alimony, produce family judgments. All parties involved in the case must comply with the judgment; otherwise, they will be held in contempt of the court and face serious consequences.
Criminal Restitution Judgments
A New Hampshire court may decide how much an offender must pay as restitution to compensate the victim for their loss due to the crime. This amount is determined by the court, even if the offender cannot pay the money. The judgment is enforced by the law and must be completely paid by the offender.
How to Search for Judgments in New Hampshire
The New Hampshire Right to Know Law permits the public to view and obtain copies of judgment records in the state. The case number, names of the parties, court location, judgment date, and amount owed or type of relief granted are examples of information found on a judgment record. Individuals may find judgment records:
- Clerk of Court Offices – The Superior Court or Circuit Court Clerk maintains court records, including judgments in their county. Individuals may search the records in person and request certified copies at the clerk’s office.
- New Hampshire Judicial Branch Case Access Portal: The New Hampshire Judicial Branch provides a Case Access Portal that allows individuals to access various court records, including judgments. The public may search the portal by name, case number, or attorney.
- Third-Party Services – Some providers compile judgment information for quick access to the public. These services have an easy interface for the public, but users must know that the official records remain with the clerk’s offices.
Judgment Records in Major New Hampshire Counties
It is true that individuals may search for judgment records on the New Hampshire Judicial Branch Case Access Portal. However, they may find recent judgments at the local court clerk’s office, which include:
- Manchester (Hillsborough County): The largest county in the state, Hillsborough County judgments are accessible through the New Hampshire Judicial Branch Case Access Portal and the clerk’s office.
- Concord (Merrimack County): Record seekers may access Merrimack County judgments online or request them in person at the Superior Court Clerk’s Office.
- Portsmouth (Rockingham County): Rockingham County maintains judgment records through the statewide portal and its local clerk’s office.
How Long Does a Judgment Last in New Hampshire?
In New Hampshire, a civil judgment is valid and enforceable for 20 years from the date it is entered. This lengthy period allows creditors enough time to collect their debts. Creditors may also renew judgments before expiration, extending enforceability even further. During the enforceable period, creditors may pursue liens, garnishments, or levies against the debtor.
What Happens After a Judgment Is Entered in New Hampshire?
Once a judgment is entered, creditors gain legal enforcement rights, and debtors face financial and legal consequences.
For Creditors:
- Wage Garnishment: Creditors have the right to obtain a court order to withhold a portion of the debtor’s wages until the judgment is satisfied.
- Judgment Liens: A lien can be recorded against a debtor’s real estate after it has been recorded in the county Recorder of Deeds until the lien is repaid.
- Bank Levies: Upon summons or order from the court, creditors may seize funds directly from a debtor’s bank account to recover their funds.
For Debtors:
- Credit Reporting: Judgments often appear on credit reports, reducing scores and limiting access to loans or housing.
- Satisfaction of Judgment: After the creditors have recovered their payment, they are required by law to file a Satisfaction of Judgment with the clerk of the court. This document is proof that the debtor is relieved of their obligations.
- Appeals or Motions to Vacate: If a judgment was made unfairly where the debtor didn’t know about it or did not have a chance to respond, they may appeal the decision or request that the court vacate it.