New Hampshire small claims court has two features that apply to different portions of its $10,000 jurisdictional range, and understanding which applies to your specific claim amount is the most important pre-filing decision you will make. For claims between $5,001 and $10,000 — the upper half of the small claims range — mandatory mediation is required before the case can go to a judge. This is not optional and it is not a referral to a community program — it is a court order under RSA 503:1(IV) that applies to every case in this dollar range where no jury trial has been demanded. Only if that mediation fails does the case proceed to a hearing before the judge. For claims at or below $5,000, mediation is not mandatory — though courts have approved programs that the parties must use when ordered.
The second feature is the filing method: plaintiffs must electronically file their small claims court cases. Like Iowa, New Hampshire requires e-filing as the default — not the option — for small claims. The New Hampshire Judicial Branch provides an online portal for this, and the process is guided. For first-time filers who have never used an e-filing system, setting up an account and understanding the interface is a preparation step that does not exist in states where you simply walk into a courthouse with paper forms. This guide explains both the e-filing requirement and the mandatory mediation rule so you arrive at your hearing date with no procedural surprises.
Small claims court in New Hampshire operates as a division of the Circuit Court’s District Division, governed by New Hampshire Revised Statutes Chapter 503 and the New Hampshire Rules of the Circuit Court — District Division. Every district in New Hampshire has a Circuit Court with a small claims division. Cases are heard by a Circuit Court judge. There are no jury trials in small claims by default — but the defendant has the right to demand one, triggering a transfer to Superior Court at the defendant’s expense.
New Hampshire small claims handles money-only disputes. The court cannot issue injunctions, order specific performance, or adjudicate matters involving real estate title. Evictions follow a separate statutory pathway under RSA Chapter 540 and are not handled in small claims.
Common disputes handled in New Hampshire small claims include:
New Hampshire’s small claims court handles disputes up to $10,000, under RSA 503:1. This limit applies to both individuals and businesses and covers only the principal claim, excluding court costs, interest, or attorney’s fees. Claims exceeding this threshold must be pursued in the Superior Court.
The $10,000 limit is divided into two tiers with different procedural rules:
| Claim Amount | Filing Fee | Mediation Required? | Jury Trial Available? |
|---|---|---|---|
| Up to $5,000 | $90 | Only if ordered by court | Yes — defendant may demand transfer |
| $5,001 – $10,000 | $145 | Mandatory under RSA 503:1(IV) | Yes — defendant may demand transfer |
If your actual loss exceeds $10,000, you may voluntarily reduce your claim to $10,000 and permanently waive the excess to remain in small claims, or file the full amount in Superior Court under formal civil procedure rules. For claims just above $10,000, the simplified small claims process is often the more practical financial choice.
Filing fees are based on the claim amount. Claims up to $5,000 require a $90 fee. Claims between $5,001 and $10,000 require a $145 fee. These fees are paid electronically at the time of e-filing.
| Claim Amount | Filing Fee | |
|---|---|---|
| Up to $5,000 | $90 | |
| $5,001 – $10,000 | $145 | |
| Small claims transfer fee (if defendant demands jury trial) | $105 |
If you win, court costs including the filing fee are typically assessed against the losing party as part of the judgment. Service fees vary depending on the method used — the court or process server charges these separately.
New Hampshire’s process is guided by the NH Judicial Branch’s official small claims resources at courts.nh.gov, the FindLaw New Hampshire small claims overview, and the Circuit Court Rules. The e-filing requirement is the most important preparation step — set up your account before you begin filling out forms.
Before filing, give the defendant a formal documented opportunity to resolve the matter. Send a demand letter by certified mail. State the amount owed, why it is owed, and a deadline of 14 days to respond. Keep the return receipt as your first piece of evidence.
For security deposit disputes, New Hampshire Revised Statutes § 540-A:7 governs landlord obligations. New Hampshire landlords must return the deposit within 30 days of the tenancy ending, along with an itemized statement of deductions. A landlord who wrongfully withholds a deposit may be liable for damages including attorney fees under the Consumer Protection Act if the conduct was willful. Reference the statute and the 30-day deadline in your demand letter.
The plaintiff must file their claim with the court clerk’s office in the municipal court in the town where the plaintiff or defendant lives. If the town does not have a municipal court, the plaintiff must file the claim with the court clerk at the district court in the district where the plaintiff or defendant lives.
New Hampshire’s venue rules give plaintiffs flexibility — you can file in the district where you live or where the defendant lives. Additional options apply for businesses and out-of-state defendants — the defendant’s principal place of business or where the claim arose are also valid venues in many circumstances.
For major New Hampshire cities:
Use the New Hampshire Judicial Branch’s court finder at courts.nh.gov to confirm the correct division for your case. For business defendants, verify the exact registered legal name through the New Hampshire Secretary of State’s business database at sos.nh.gov before completing your complaint.
Plaintiffs must electronically file their small claims court cases — this is not optional. The e-filing portal is accessible through the New Hampshire Judicial Branch website at courts.nh.gov. Create an account if you do not already have one, then navigate to the small claims filing section.
The Small Claims Complaint form — called a “statement of claim” in New Hampshire — requires:
If you are filing against a business, verify its legal structure and registered agent through the New Hampshire Secretary of State’s website before completing the form. Suing a trade name when the actual registered entity is a corporation or LLC can result in improper service and an unenforceable judgment.
Submit your completed complaint through the e-filing portal and pay the filing fee electronically — $90 for claims up to $5,000, $145 for claims between $5,001 and $10,000. Credit and debit cards are accepted through the portal.
Once filed, the court assigns a docket number and provides a stamped copy of the complaint. The court then arranges to notify the defendant — either by mailing the complaint and summons directly, or by providing you with a copy to serve. Confirm with the clerk how service is handled in your specific district after your e-filing is accepted.
After filing, the defendant must be served with a copy of the complaint and summons. In most New Hampshire small claims cases, the court mails the documents to the defendant by certified mail or first-class mail after filing. Confirm whether your specific Circuit Court district handles service automatically after e-filing or whether you must arrange service independently.
If the defendant must be personally served — for example, if mail service fails — a sheriff, constable, or authorized process server can complete personal service. The plaintiff pays the service fee. After service, proof of service must be filed with the court.
The defendant must respond to the claim in writing within 30 days from the date the court mails the notice to avoid a default judgment. Any counterclaim related to the plaintiff’s claim must also be included in the response. A defendant who fails to add the counterclaim will have to show good cause to allow a counterclaim to be filed later — under N.H. Rev. Stat. § 503:6 and N.H. Rules of the Circuit Court — District Division, Rule 4.8 (2025).
This 30-day written answer deadline — running from when the court mails the notice — is similar to South Carolina’s 30-day window. A defendant who simply plans to show up without filing a written answer risks a default judgment being entered before any hearing occurs.
The defendant also has the right to demand a jury trial. If the defendant makes a timely request for trial by jury, the case shall be transferred at once to the Superior Court in the county in which the town or district is located and heard and tried as if originally entered in the Superior Court. The plaintiff pays the original entry fee (already paid), but the defendant must pay the small claims transfer fee of $105 — recoverable as a cost if the defendant prevails. This transfer provision is unique: the defendant pays to transfer, not the plaintiff, which reduces the incentive to use a jury demand as a pure delay tactic.
When the amount of debt or damages exceeds $5,000 and no claim is made for trial by jury, the parties to the action shall be required to participate in a mediation program in the district courts approved by the office of mediation and arbitration. This is a statutory requirement under RSA 503:1(IV) — not a discretionary court order.
The mediation session is conducted through a court-approved program. Mediators help both parties attempt to reach a mutually acceptable resolution. The process is confidential — nothing said in mediation can be used at the hearing if the case does not settle. If mediation fails, the case is presented to the judge under oath.
For claims at or below $5,000, the district courts have approved mediation programs that the parties must use when the court orders it — but it is not automatically required for every case in this range. Only for claims above $5,000 is mediation universally mandatory before trial.
New Hampshire small claims hearings are informal bench proceedings. After hearing each side’s argument and evaluating the evidence, the judge will issue a money judgment to whoever proves they are entitled to an award. Organized, labeled documentation consistently produces better outcomes than unorganized verbal accounts.
Prepare three complete sets of every document — one for the judge, one for the defendant, and one for yourself. Strong evidence includes:
Witnesses with direct knowledge of the facts should appear in person. If a witness is unwilling to attend voluntarily, ask the clerk about subpoena procedures before the hearing date. New Hampshire attorneys are permitted in small claims — if the other side brings legal counsel and the amount justifies it, you may also hire an attorney for the hearing.
Arrive at the Circuit Court at least 15 minutes early. Dress professionally. When your case is called, introduce yourself and state your claim directly: “Your Honor, I am seeking $4,800 for a security deposit that was not returned within 30 days after my lease ended in January 2026.” Walk through your evidence in logical order. Speak to the judge, not to the defendant. When the defendant presents their side, take notes and address their points in your rebuttal without interrupting.
From filing to hearing typically takes 30 to 90 days in New Hampshire. The judge issues a judgment at the end of the hearing or within a short time afterward.
If a properly served defendant fails to appear without filing a written answer, a default judgment may be entered in your favor. You must still appear and briefly present your claim — default is not automatic without your participation.
After winning, if the defendant does not pay voluntarily, New Hampshire enforcement tools include:
Begin enforcement steps promptly after the 30-day appeal window closes. New Hampshire judgments accrue post-judgment interest and are valid for 20 years from the date of entry — one of the longer judgment validity periods in this guide series.
The person who loses the case can appeal the decision. You must file the appeal within 30 days of the date the judgment is declared or of the date of the clerk’s notice of the judgment, whichever is later. This is a flexible window — you count from the later of the judgment date or the date you received the clerk’s mailed notice, giving you the full 30 days from when you actually learn of the outcome.
If you don’t comply with the filing deadline and all other rules, you’ll lose your appeal rights. The appeal is heard in the Superior Court. If you’re confused about the process or how to find the proper date to start counting from, talk with a local attorney.
| Type of Dispute | Filing Deadline |
|---|---|
| Written contract (lease, service agreement, invoice) | 3 years from breach |
| Oral (verbal) contract | 3 years from breach |
| Personal injury / Property damage | 3 years from incident |
| Fraud or mistake | 3 years from discovery |
No — small claims court is designed to help individuals and businesses resolve disputes without costly legal representation. Attorneys are permitted but not required. For most disputes with clear documentation, self-representation is practical. For claims approaching $10,000, or if the other side has brought an attorney, consulting a New Hampshire attorney before the hearing may be worth the cost. Unlike Hawaii’s security deposit cases or Arkansas’s blanket ban, New Hampshire places no restriction on attorney participation.
If the defendant fails to file a written answer within 30 days of the date the court mails the notice, a default judgment may be entered. You must still appear and briefly present your claim — default is not automatic without your participation. The defendant who misses the 30-day window also loses the automatic right to file a counterclaim later without showing good cause.
Yes. New Hampshire’s small claims court handles disputes involving individuals, sole proprietors, partnerships, corporations, and other legal entities. A corporation must appear through an authorized officer or employee, or through legal counsel. Unlike Kansas and Arkansas, which exclude corporations entirely, New Hampshire places no such restriction.
If the defendant makes a timely jury trial demand, the case is transferred at once to the Superior Court in the relevant county and tried as if originally entered there. The defendant pays the $105 transfer fee. At the Superior Court level, both sides may have attorney representation, full civil procedure rules apply, and the informal small claims process is replaced by a formal jury trial. For plaintiffs with strong documentation and clear facts, this risk is manageable — but it is worth factoring into settlement decisions before trial.
From filing to hearing typically takes 30 to 90 days. For claims above $5,000, mandatory mediation adds a session before the trial date — but if mediation succeeds, the entire process may resolve faster without ever requiring a trial. If no appeal is filed within 30 days of the judgment or clerk’s notice and the defendant pays voluntarily, the total process from filing to resolution commonly runs 45 to 120 days.
New Hampshire’s small claims system is modern, well-organized, and — with its mandatory e-filing and online forms — one of the most accessible for tech-comfortable filers in this guide series. The $10,000 limit covers a wide range of everyday disputes. The 20-year judgment validity is among the longest in this guide series, giving plaintiffs a long enforcement window if the defendant’s circumstances change over time.
The three things worth knowing cold before you file: set up your e-filing account before you start any forms, mandatory mediation applies to all claims above $5,000, and the 30-day appeal window runs from the later of the judgment date or the clerk’s notice — giving you the full window from when you actually learn of the outcome. Handle those three correctly and New Hampshire’s process follows a clear, well-supported path from e-filed complaint to collected judgment.
The ClaimItCourt Editorial Team produces small claims court guides built entirely from primary legal sources — official state court websites, state statutes confirmed via official state legislature databases, court rules, and Administrative Office of the Courts publications. Each guide is cross-referenced against the current official source before publication and updated when statutes change. We cite every specific procedural rule, dollar limit, and deadline directly from the governing statute or court rule so readers can verify any claim independently. ClaimItCourt.com is an independent legal information publisher. We are not a law firm and do not provide legal advice.
Leave a Reply