New Hampshire Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in New Hampshire: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for New Hampshire
- Small claims limit
- $10,000 in debt or damages, not counting interest and costs. Actions involving title to real estate are excluded. RSA 503:1, I
- Filing fee
- The plaintiff pays an entry fee, which is recoverable as a cost if the plaintiff wins, plus a surcharge of $5 for claims of $5,000 or less or $60 for claims over $5,000 (for the mediation and arbitration fund). The clerk pays the postage to mail the notice to the defendant. RSA 503:1, III; RSA 503:4
- Are lawyers allowed?
- Yes. An attorney must file an appearance and give copies to the other parties at least 7 days before the hearing; a party who did not get timely notice may ask for a continuance, which is ordinarily granted. RSA 503:2-a
- Appeals
- The judge's findings of fact are final. A party may appeal questions of law to the New Hampshire Supreme Court when judgment is declared or within 30 days of the notice of judgment. A party who wants a sound recording of the trial must request it at least 5 business days before trial and pay for it. RSA 503:9; RSA 503:10
Court: New Hampshire Circuit Court, District Division (small claims). Last verified: 2026-10-24.
How to file a small claims case in New Hampshire
- Confirm your claim is $10,000 or less and does not involve title to real estate.
- File a statement of claim, with the parties' names and addresses, the basis of the claim and the amount owed, in the Circuit Court, District Division for the town where you or the defendant lives, and pay the entry fee and surcharge.
- The court mails notice to the defendant; if it comes back undelivered, arrange service yourself.
- If you are the defendant, respond in writing within 30 days of the mailing date to ask for a hearing, or a default judgment may be entered.
- If the claim is over $5,000 and no jury is requested, attend the required mediation session.
- If the case does not settle, attend the hearing (notice comes at least 14 days ahead) with your evidence and witnesses.
- A party may appeal questions of law to the Supreme Court within 30 days of the notice of judgment; facts found by the judge are final.
- If you win and are not paid, use attachment and execution, or secure the judgment against the defendant's real estate.
Can you use small claims court?
| Small claims limit | $10,000 in debt or damages, not counting interest and costs. Actions involving title to real estate are excluded. Source: RSA 503:1, I |
|---|---|
| Who can file | The plaintiff (or the plaintiff's attorney) files a statement of claim. An organization may be represented by a non-attorney officer, employee, partner, owner or trustee who presents written authorization under oath; the court may refuse representation it finds improper. Source: RSA 503:3; RSA 503:11 |
| Are lawyers allowed? | Yes. An attorney must file an appearance and give copies to the other parties at least 7 days before the hearing; a party who did not get timely notice may ask for a continuance, which is ordinarily granted. Source: RSA 503:2-a |
Filing your case
| Where to file | In the court for the town where the plaintiff or the defendant lives. If the defendant does not live in New Hampshire, the claim may be filed where the defendant does business, contracted with a New Hampshire resident, committed a tort or owns property. The statute still refers to municipal and district courts; small claims are now filed in the Circuit Court, District Division. |
|---|---|
| Filing fee | The plaintiff pays an entry fee, which is recoverable as a cost if the plaintiff wins, plus a surcharge of $5 for claims of $5,000 or less or $60 for claims over $5,000 (for the mediation and arbitration fund). The clerk pays the postage to mail the notice to the defendant. Ask the court for the current base entry fee. Source: RSA 503:1, III; RSA 503:4 |
| Serving the defendant | The court mails notice of the claim to the defendant by first-class mail at the last known address, whether or not the defendant lives in New Hampshire. If the notice comes back undelivered, the plaintiff must arrange service at the plaintiff's own expense, as in other civil cases. Source: RSA 503:6, I, III |
Before and at the hearing
| When the hearing happens | If the defendant asks to be heard, the case is scheduled for a hearing soon after, and both parties are mailed notice of the date and time at least 14 days in advance. Source: RSA 503:6, IV |
|---|---|
| Does the defendant file an answer? | Yes. The defendant must respond in writing within 30 days from the date the notice was mailed, stating that they want to be heard. If the defendant does not respond and the notice was not returned, the court enters a default judgment for the plaintiff. Source: RSA 503:6, I-II |
| Mediation | Mandatory when the claim is over $5,000 and no jury trial is requested: the parties must take part in the court's approved mediation program before a judge hears the case. Source: RSA 503:1, IV |
| Jury trial | For claims over $1,500, the plaintiff may claim a jury trial, and the defendant may claim one by written request within 5 business days after the claim is filed (more time may be allowed for good cause). The case is then transferred to the superior court for the county, and the defendant pays the transfer fee (recoverable if the defendant wins). Source: RSA 503:1, II-III |
After the decision
| Appeals | The judge's findings of fact are final. A party may appeal questions of law to the New Hampshire Supreme Court when judgment is declared or within 30 days of the notice of judgment. A party who wants a sound recording of the trial must request it at least 5 business days before trial and pay for it. Source: RSA 503:9; RSA 503:10 |
|---|---|
| Collecting your judgment | The judge may allow payment in installments. After judgment, ordinary collection procedures apply, including attachment and levy of execution on personal property and real estate, and the judgment may be secured against the defendant's real estate. Prejudgment attachments are not available in small claims. |
Deadline to sue
3 years for personal actions, including suits on written or oral leases for unpaid rent or damages. The 3 years run from the act or omission, or from when the injury was or reasonably should have been discovered. RSA 508:4, I
Suing a landlord or tenant in New Hampshire
Landlords and tenants can bring rent, damage and security deposit claims of $10,000 or less in small claims. Claims over $5,000 go to mandatory mediation unless a jury trial is requested.
- New Hampshire security deposit demand letter (send before you sue)
- New Hampshire security deposit law
- Tenant lawyers and free legal aid in New Hampshire
New Hampshire small claims FAQ
What is the small claims limit in New Hampshire?
$10,000 in debt or damages, not counting interest and costs. Actions involving title to real estate are excluded.
Who can file a small claims case in New Hampshire?
The plaintiff (or the plaintiff's attorney) files a statement of claim. An organization may be represented by a non-attorney officer, employee, partner, owner or trustee who presents written authorization under oath; the court may refuse representation it finds improper.
Can you bring a lawyer to small claims court in New Hampshire?
Yes. An attorney must file an appearance and give copies to the other parties at least 7 days before the hearing; a party who did not get timely notice may ask for a continuance, which is ordinarily granted.
Where do I file a small claims case in New Hampshire?
In the court for the town where the plaintiff or the defendant lives. If the defendant does not live in New Hampshire, the claim may be filed where the defendant does business, contracted with a New Hampshire resident, committed a tort or owns property.
How much does it cost to file in small claims court in New Hampshire?
The plaintiff pays an entry fee, which is recoverable as a cost if the plaintiff wins, plus a surcharge of $5 for claims of $5,000 or less or $60 for claims over $5,000 (for the mediation and arbitration fund). The clerk pays the postage to mail the notice to the defendant.
How do I serve the other side in a New Hampshire small claims case?
The court mails notice of the claim to the defendant by first-class mail at the last known address, whether or not the defendant lives in New Hampshire. If the notice comes back undelivered, the plaintiff must arrange service at the plaintiff's own expense, as in other civil cases.
How long does a small claims case take in New Hampshire?
If the defendant asks to be heard, the case is scheduled for a hearing soon after, and both parties are mailed notice of the date and time at least 14 days in advance.
Does a defendant have to file an answer in New Hampshire small claims court?
Yes. The defendant must respond in writing within 30 days from the date the notice was mailed, stating that they want to be heard. If the defendant does not respond and the notice was not returned, the court enters a default judgment for the plaintiff.
Is there a jury in New Hampshire small claims court?
For claims over $1,500, the plaintiff may claim a jury trial, and the defendant may claim one by written request within 5 business days after the claim is filed (more time may be allowed for good cause). The case is then transferred to the superior court for the county, and the defendant pays the transfer fee (recoverable if the defendant wins).
Can you appeal a small claims decision in New Hampshire?
The judge's findings of fact are final. A party may appeal questions of law to the New Hampshire Supreme Court when judgment is declared or within 30 days of the notice of judgment. A party who wants a sound recording of the trial must request it at least 5 business days before trial and pay for it.
How do I collect a small claims judgment in New Hampshire?
The judge may allow payment in installments. After judgment, ordinary collection procedures apply, including attachment and levy of execution on personal property and real estate, and the judgment may be secured against the defendant's real estate. Prejudgment attachments are not available in small claims.
Is mediation required in New Hampshire small claims court?
Mandatory when the claim is over $5,000 and no jury trial is requested: the parties must take part in the court's approved mediation program before a judge hears the case.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.