New Hampshire Small Claims

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Table of Contents

Small claims is New Hampshire’s legal avenue for modest civil disputes. It is designed to be fast, low-cost, and easy for individuals with no legal training. Each state has its own rules; therefore, consumers, landlords, tenants, contractors, and small businesses need to understand New Hampshire’s framework. They will know how to recover their money, often without hiring an attorney.

What Is a Small Claims Court in New Hampshire?

A small claim is any civil action (not involving title to real estate) in which an individual claims a debt or damages that do not exceed $10,000 (exclusive of interest and costs). In New Hampshire, small claims are heard in the Circuit Court (District Division). The small claim process is governed chiefly by RSA 503, the Rules of the Circuit Court District Division, and the Electronic Filing Rules.

A plaintiff must file the case in the District Division where either party resides (with additional venue options for certain matters). Individuals may file cases that involve unpaid loans or invoices, security-deposit disputes, simple contract/workmanship claims, and minor property damage. If the amount exceeds $1,500, the defendant may demand a jury trial, which transfers the case out of small claims to the Superior Court for a conventional civil process.

Small Claims Court Limits in New Hampshire

The court has a jurisdictional cap of $10,000 (excluding interest/costs) by statute.Jury right: If the claim exceeds $1,500, the defendant may request a jury trial within five business days of filing; the case then transfers to the Superior Court. A plaintiff may also claim a jury if the claim exceeds $1,500.

The original entry fee shall be paid by the plaintiff, but is recoverable as a cost if the plaintiff prevails. The defendant must pay the small claims transfer fee, but it is recoverable as a cost if the defendant wins their case. Mediation is voluntary for claims less than $5,000, while it is mandatory for claims over $5,000.

How to File a Small Claims Case in New Hampshire

Individuals need to consider all valid points when filing a small claims case in New Hampshire. They must:

  • Confirm the proper District Division. The Hampshire Judicial Branch provides a Find a Court tool, enabling individuals to locate the correct court.
  • E-filing is mandatory for Small claims cases. Self-represented litigants must use the TurboCourt Platform to file their case. New Hampshire uses the Odyssey platform for guided e-filing for attorneys.
  • Pay the filing fee. Consult the clerk to know the fee. Individuals must pay the filing fee (varies by county) or request to pay a lower fee or file for free.
  • Serve the defendant. After acceptance, the court must send a notice of the claim to the defendant through first-class mail to the last known address. The defendant must respond in writing within 30 days of the mailing date. If the notice is returned undelivered, the court will direct the plaintiff to complete service using ordinary civil methods at the plaintiff’s expense. Non-response (and non-returned mail) may lead to a default judgment.
  • Mediation & pre-trial. For claims above $5,000, the court will schedule a mandatory mediation to resolve the case. If not resolved, the case proceeds to a hearing (trial).

Small Claims Court in Major New Hampshire Cities (examples)

  • Manchester, 9th Circuit, District Division (Manchester) is located at 35 Amherst St., Manchester, NH 03101; 1-855-212-1234. The court handles all District Division matters, including small claims cases, for Manchester.
  • Nashua, 9th Circuit, District Division (Nashua) is located at 30 Spring St., Suite 101, Nashua, NH 03060; 1-855-212-1234.
  • Hillsborough County directory. The New Hampshire Judicial Branch provides a county-by-county District Division locator with addresses and phone numbers for Hillsborough County.

What to Expect at a Small Claims Hearing in New Hampshire

In New Hampshire, small claims hearings are informal and tried in the presence of a judge. The plaintiff presents first, followed by the defendant. They must present all organized evidence (such as contracts, invoices, texts/emails, photos, or repair estimates) and any witnesses.

If the amount of claims exceeds $5,000, mediation will occur. Otherwise, the judge will hear concise testimony, exhibits, and may decide the case from the bench or by written order shortly after. If a jury is requested in time (for claims above $1,500), the case will be transferred to the Superior Court before the small-claims hearing stage. If the plaintiff fails to appear at the hearing, the case will be dismissed.

Either party may appeal the decision of the case by filing a notice of appeal with the New Hampshire Supreme Court. There is a fee for this process, and the appealing party must contact that court directly.

In small claims, the jury-trial mechanism is a transfer: when the value properly exceeds $1,500 in value, the case goes to Superior Court for a standard civil trial (jury unless waived). If no jury demand is made and judgment is entered in small claims, all post-judgment remedies (such as payment hearings, executions) will follow Circuit Court procedures.

How to Search for Small Claims Records in New Hampshire

Most small-claims case information is public unless it is sealed by statute or court order. A small-claims file may include the case number, party names, mailed notice and responses, mediation orders (if any), docket events/hearing dates, and the judgment. Individuals may access these case files through:

  • Case Access Portal. The Hampshire Judicial Branch provides a Case Access Portal that allows registered users to view non-confidential case information for participating courts.
  • Record Checks. The Hampshire Judicial Branch’s Central Processing Center performs an electronic record check upon request. This is an unofficial court record that is useful for name-based searches across multiple cases.
  • Clerk of Court. For certified copies or documents that are not visible online, individuals may contact the clerk of the Circuit Court (District Division) where the case was filed. The “Find a Court” tool lists all the addresses and phone numbers of the court clerks.