District Court

Small Claims Mediation

                          Filing a Small Claim

Ask the person who owes the money to pay. Do this in person, by phone or in writing. A Better Business Bureau, Chamber of Commerce, Family Financial Counseling or similar agency may be able to help you reach a settlement. Often a compromise is better in the long run.

You may sue any person or business whom you think owes you $5,000 or less or who has caused damage to you of $5,000 or less. If the claim is over $1500, the defendant may request a jury trial. If such a request is filed, you will be notified when the case is transferred for trial by jury. If your claim would require the court to decide ownership of real estate, contact your county superior court.

The claim shall be filed in the district court where either you (the plaintiff) or a person you are suing (the defendant) resides. If the defendant is not a resident of New Hampshire, the claim may be filed in the court of any town or district where the defendant, in person or through an agent, transacts business; makes a contract with a resident of the town or district; commits a tortuous act; or owns, uses or possesses any real property.

1.  Fill out a small claims complaint at the appropriate district court.  Type or use a ballpoint pen, pressing firmly and clearly.  You will be provided with a copy of the form after it has been processed by court personnel. If you are filing the small claim on behalf of a business, please refer to the section entitled “Representation of Certain Corporations, Partnerships and Trusts.”  If you are filing the claim on behalf of another individual, the court will require that you present a valid power of attorney before your claim will be accepted. District Court Rule 1.3 requires that you file an affidavit which court staff may provide.  Failure to provide the proper documentation will result in the claim being dismissed.

2.  Complete the Plaintiff section (your name and legal mailing address and telephone number).

3.  Enter a brief explanation of what happened and why you are suing, including the factual basis for your claim.  If you attach additional sheets, be sure to include extra copies for the court to forward to the defendant.

4.  Enter the amount of money you are claiming; be sure to add the court cost on the line provided.

5.  The person you are suing is the defendant.  Fill in the exact name, address and zip code.  NOTE: If you are suing a corporation you must provide the name and address of the corporate officer or the name and address of the registered agent, available through the Secretary of State's Office at 603/271-3246.

6.  Complete a Military Affidavit, following instructions on reverse side of the form .  If you do not file this form the court will not be able to issue a judgment for you if the defendant fails to respond to the claim (defaults).

7.  The filing fee is $60.00.  Additional processing fees may be assessed pursuant to court rules.

8.  Submit this to the court.  Court personnel will send the defendant a copy of the complaint by mail .  If the defendant resides out of state, service of the claim may be more complicated.

9.  Within thirty (30) days of this mailing date, a hearing to contest the claim may be requested by the defendant.  When the hearing date has been scheduled, both parties will be notified of this hearing date by mail.

10. If the defendant fails to reply to the claim or to request a hearing, the court will reissue the claim and send it to you to be served by the sheriff.  If the defendant fails to reply after service by the sheriff, then judgment by default will be entered in your favor.  This notice will be mailed to both parties and the defendant will have thirty (30) days to pay the claim in full. 

11.  If the defendant agrees that the money is owed, you will be notified of this as well.  You will then receive further information and/or instruction from the court.  A hearing may be set to determine, not that money is owed, but the actual amount.

1. To the extent not inconsistent with court rules or as otherwise permitted by the court, corporations, partnerships, and trusts may be represented in any small claims action before a district court by an officer, employee, partner, owner or trustee who presents written authorization as follows:

1. for a corporation, a resolution adopted by the board of directors.
2. for a partnership, an authorization signed by all general partners.
3. for a trust, an authorization signed by all trustees.

2. The requirement for written authorization in paragraph one shall be met by a document signed by a duly authorized representative of the organization and containing a certificate of acknowledgement to the signature, authorizing the representation by a particular individual in a particular matter, and acknowledging that the organization shall be bound by any agreement entered into by such individual or any order of the court in the matter. Any such written authorization shall be presented to the court under oath by the representative.
3. In addition to the documentation listed above, the court will also require an affidavit pursuant to District Court Rule 1.3.  Court staff may have a form for you to use.
4. The court may deny representation by any individual it deems to be improper, inappropriate or unable to adequately represent the interests of the organization.

1. Gather all papers or documents which you have that might have something to do with your case and take them with you when you go to court. This is your only opportunity to present your case in district court.
2. Arrange to bring any witnesses who may be able to help explain why you are entitled to the money.
3. When the hearing begins, wait until the judge asks you to speak. Try to be relaxed and explain exactly why you feel the person you are suing owes you money. The judge may ask you questions which you should try to answer clearly and directly.
4. The judge will hear both sides of the case and make a decision usually within fourteen days.
5. If the defendant does not appear for the hearing, you will be granted judgment by default.
6. If you fail to appear on the hearing date at the assigned time, the case will be dismissed.

Any person who is a party to a small claim action may, at least five business days prior to that hearing, request of the court in writing that a sound recording be made of all proceedings in the trial, so there will be a record if the case is appealed.

1. If the judgment is for you, you will still have to collect the money. The person may pay voluntarily. If the person has no money or property, or is out of state, you may have difficulty collecting your money.
2. After thirty days from the date of the written decision you may request a "Motion for Periodic Payments" hearing. Complete the required form and mail with the $15.00 entry fee to the court. You must mail the pink copy of this form to the defendant.
3. The court will schedule a hearing on this request and return the paperwork to you to make service. Carefully follow the instructions which will accompany this form. If the defendant is not served with notice of the hearing, you will have to request rescheduling.
4. Some courts require your appearance. If you fail to appear, you cannot contest the defendant’s statements with regard to ability to make payments or review the financial affidavit which the defendant filled out for the court.
5. The judge may order the defendant to pay you the lump sum, or make weekly or monthly payments depending on the defendant’s financial situation.
6. If the defendant fails to appear at this hearing and proper service has been made, you may request that a civil arrest warrant be prepared and forwarded to the sheriff’s department for service.
7. Your judgment is good for twenty years provided you seek periodic review of the matter by the court no less than every two years.

Either party can appeal the decision of the case, on issues of law only, by filing a notice of appeal with the supreme court. There is a fee for this process, and the appealing party should contact that court directly.