How to file a small claims case in New Hampshire, step by step

Ask for payment in writing

New Hampshire doesn't require a demand before you file, but the court encourages you to ask for payment and try to settle first.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In New Hampshire you can sue for up to $10,000 in the Circuit Court – District Division (small claims).

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, home and mailing addresses, and date of birth (kept confidential)
• The defendant's exact name, physical and mailing addresses, and date of birth if known
• For a business, its type and the officer or registered agent to receive the papers
• How you and the defendant are connected and exactly why they owe you
• The amount you're asking for, up to $10,000
• For consumer debts, a Statement of Consumer Debt

Find the defendant's exact legal name

Use the exact registered name and list an officer or registered agent.

Search: NH Secretary of State QuickStart business search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Small Claim Complaint: Small Claim Complaint, completed online through the court's e-filing system. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $10,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

You sign electronically in the online interview; no notary is needed.

Make copies

No paper copies are needed when you e-file; keep copies of everything for yourself and bring them to the hearing.

File your claim

Choose how you'll file:

File in the district division where you or the defendant lives. If the defendant is out of state, file where they do business, made a contract with a resident, caused the harm, or own property.

Pay the filing fee

$90 for claims up to $5,000 and $145 for claims over $5,000, plus any online processing fee. The court mails the papers to the defendant, so there's usually no separate service fee. Can't afford it? Ask for a fee waiver: Motion to waive filing fee (granted only in extraordinary circumstances).

Keep what the clerk gives you

The court mails the complaint to the defendant. If it's returned, the court tells you, and you have 60 days to give a new address or arrange other service, or the case is dismissed.

Have the papers served

The court mails the complaint to the defendant by first-class mail. If it comes back, you must give a new address or arrange service by the sheriff; out-of-state defendants are served through the Secretary of State.

The defendant has 30 days from the court's mailing date to respond.

File proof of service

No form is needed when the court mails the notice. If you arrange sheriff or out-of-state service, file the return or affidavit of service.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant files a Response within 30 days of the mailing date, saying what they agree is owed and what they dispute, and may add a counterclaim ($80 or $135) or ask for a jury trial if the claim is over $1,500.

Settling before the hearing

Tell the court in writing if you settle. Mediation agreements must include a judgment amount.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the court for a witness subpoena before trial, since the court won't accept evidence that isn't presented at trial.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• Go to the pretrial hearing; it's mandatory and may include mediation
• At trial, bring all your witnesses and documents; the court won't call anyone for you
• Bring copies for the judge and the other side
• Everyone takes an oath; the trial is informal

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't respond, you can ask for a default judgment after filing a Military Service Statement. Missing a pretrial hearing or trial can mean judgment for the other side or dismissal.

Know the appeal rules

Either side can appeal to the New Hampshire Supreme Court within 30 days, but only on questions of law; there's no new trial. You can first ask the judge to reconsider within 10 days.

Collect your money

The defendant has 30 days to pay. If they don't, you can ask for a periodic payment hearing ($25), and later contempt or an arrest order if they skip it. You can also put a lien on their real estate.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.