New Hampshire Small Claims Forms

New Hampshire Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about New Hampshire Small Claims Forms

  • What is the maximum amount you can get in small claims court?

    In New Hampshire, the maximum amount you can recover in small claims court is $5,000. This limit makes it accessible for individuals seeking to resolve minor financial disputes without the need for costly legal representation. By utilizing New Hampshire Small Claims Forms, you can prepare your claim efficiently and ensure you present your case effectively. Remember, understanding this limit is crucial for managing your expectations and focusing your efforts on viable claims.

  • Who pays lawyer fees in small claims court?

    In small claims court, the general rule is that each party pays their own legal fees, regardless of the outcome. This means that if you choose to hire a lawyer while using New Hampshire Small Claims Forms, you will be responsible for their costs. However, some states allow the winning party to recover certain costs, so it's worthwhile to check the local rules. If legal representation sounds daunting, many find success navigating small claims court without a lawyer.

  • How do I present myself in small claims court?

    To present yourself effectively in small claims court, maintain a calm demeanor and ensure you are well-prepared. Familiarize yourself with your case details, and make use of New Hampshire Small Claims Forms to outline your arguments clearly. Speak clearly and confidently while addressing the judge, and stay focused on the facts to strengthen your case.

  • How often do tenants win in small claims court?

    Tenants can win cases in small claims court, but success rates vary based on circumstances and evidence presented. Generally, tenants who provide solid evidence and properly follow the court procedures have a higher likelihood of winning. Using New Hampshire Small Claims Forms can guide tenants in making strong cases, ensuring they present all necessary information to the judge.

  • How do you present yourself in small claims court?

    Presenting yourself in small claims court requires confidence and clarity. Dress modestly and arrive early to familiarize yourself with the environment. Speak clearly, address the judge respectfully, and follow the court's procedures. Utilizing New Hampshire Small Claims Forms can help you prepare your presentation, ensuring you cover all necessary points.

  • How to prepare exhibits for small claims court?

    Preparing exhibits for small claims court is crucial for presenting your case clearly. Start by gathering all relevant documents, photos, and evidence that support your claim. Organize these materials logically, and ensure they are clearly labeled. Using New Hampshire Small Claims Forms can help you structure your case effectively, making it easier for the judge to understand.

  • Which of the following case types does small claims court not hear?

    Small claims courts do not hear cases involving family law, divorce, or personal injury claims. Additionally, disputes involving significant contractual obligations typically exceed the small claims limit. It’s crucial to assess whether your case fits the small claims category before filing. For straightforward claims, refer to the New Hampshire Small Claims Forms to file your case.

  • What is the small claims limit in NH?

    In New Hampshire, the small claims limit is $10,000. This amount covers various types of claims, making it a suitable option for many disputes. Knowing this limit helps you determine whether to proceed with your case in small claims court. To file, complete your claim using the New Hampshire Small Claims Forms.

  • What is the best evidence for small claims court?

    The best evidence in small claims court includes documents like contracts, invoices, and photographs that clearly support your case. Witness testimonies can also strengthen your claims if they relate directly to the dispute. Organizing your evidence helps convey a compelling narrative. When preparing, consider using New Hampshire Small Claims Forms to structure your presentation effectively.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for amounts exceeding the state limit, nor can you pursue claims for libel, slander, or emotional distress. Courts also do not hear disputes about certain administrative matters or divorce cases. Ensure your case fits within these boundaries before using the New Hampshire Small Claims Forms for filing.