New Hampshire Debt Collection Laws: The State Without Continuing Wage Garnishment

New Hampshire is one of a handful of states where the standard debt-collection playbook simply does not work. There is no continuing wage garnishment for ordinary consumer debt here: a creditor cannot get an order that skims a percentage of every future paycheck, the way garnishment works in most of the country. That does not make New Hampshire debt uncollectible, and it does not mean a lawsuit can be ignored. A creditor must still sue, win a judgment, and then use the collection tools New Hampshire does allow, and most judgments are entered by default because the person sued never answered. Understanding which tools exist, and which do not, is what this page is for.

Why There Is No Ongoing Wage Garnishment in New Hampshire

In most states, a judgment creditor gets a garnishment order, serves it on your employer, and a slice of every paycheck flows to the creditor until the judgment is paid. New Hampshire's trustee process does not work that way. Under RSA 512:21, wages you earn after the writ is served on your employer are wholly exempt; the writ is a snapshot, not a pipeline. It can reach only wages that were already earned but not yet paid at the moment of service.

Even that snapshot is narrow. Pre-writ wages are exempt unless the action is founded on a debt reduced to a judgment issued by a New Hampshire court, and when that condition is met, 50 times the federal minimum hourly wage per week is still exempt, which is $362.50 per week at the current $7.25 rate. The statute carries one more wage exemption, and its wording matters: paragraph III exempts «wages for the personal services and earnings of the wife and minor children of the defendant». The enrolled text is gendered as written, and the chapter's paragraph X is gendered the same way, so do not assume the exemption reads as a symmetrical spousal protection on the face of the statute. Anyone relying on it for a husband's earnings should raise it with the court rather than treat it as settled.

There is one categorical exception worth knowing precisely, because the internet routinely states it backwards. In actions on small-loan contracts under RSA 399-A, only $50 per week of pre-writ wages is exempt. That means a licensed small lender suing on a small-loan contract can reach more of those earned-but-unpaid wages than an ordinary creditor can, because the protected amount drops from $362.50 to $50. The $50 figure is a floor of protection in one narrow category, not a cap on what creditors take, and it has nothing to do with ordinary credit card or medical debt.

How Creditors Actually Collect: Periodic Payment Orders

Because the paycheck route is closed, New Hampshire collection runs through the court itself. After judgment, a creditor can ask the court under RSA 524:6-a to order you to pay the judgment in installments. The court inquires into your ability to pay the judgment and may order whatever periodic payments it «in its discretion deems appropriate». Read the exemption language carefully, because it is narrower than it is often described: paragraph I says the judgment may be enforced against any property of the debtor «except such income and property as is now exempt from attachment or execution», which is a limit on what can be seized rather than a rule for computing the installment, and paragraph II exempts income from a qualified retirement plan from periodic payments up to 50 times the federal minimum wage per week. Exempt income is still very much worth documenting at the hearing, but as an argument to the judge setting a sustainable figure, not as an automatic statutory deduction. The order is enforced by the court's contempt power: ignore an order you had the ability to pay and you can be summoned back and sanctioned, while a genuine inability to pay is a defense to contempt, not a crime.

This structure changes the practical advice. In a garnishment state, the fight is over percentages and exemption math. In New Hampshire, the fight happens at the payment hearing: showing up with a realistic budget, documenting exempt income such as Social Security, and getting a sustainable figure into the order is where the outcome is decided. Not showing up is how people end up with orders they cannot keep.

Bank Accounts: The Payroll Account Exemption

Trustee process can also be aimed at your bank. New Hampshire again has an unusual shield: RSA 512:21, XI exempts money deposited in any account designated as a payroll account. If your wages are direct-deposited into an account set up as a payroll account, those funds are categorically protected from trustee process, a protection very few states offer once wages leave the employer's hands.

Beyond that, New Hampshire has no automatic dollar amount protected in every ordinary bank account, the way New York's banking exemption works. It also matters which statute does the work. RSA 512:21 is a closed list of trustee-process exemptions, and it contains no wildcard and no furniture, tools or vehicle categories. Those live in RSA 511:2, which is written as a list of «goods and property» exempted «from attachment and execution», not from trustee process: a $1,000 wildcard for any property plus up to $7,000 of unused amounts from listed categories such as furniture, tools, and books, along with specific exemptions including a vehicle up to $10,000. Those amounts reach a levy on a deposit account only indirectly, most usefully through RSA 524:6-a, I, which allows a judgment to be enforced only against property other than «such income and property as is now exempt from attachment or execution». Federal law separately requires banks to protect an amount equal to the last two months of directly deposited federal benefits such as Social Security, automatically and without any filing.

What Still Pierces New Hampshire's Protections

No state's anti-garnishment rules stop everything, and writing off a debt because «New Hampshire does not garnish» is the mistake in the other direction. Three regimes reach wages here regardless of RSA 512:21. Child support runs through its own income-withholding system with federal tiers that can reach 50% to 65% of disposable earnings. Federal agencies use administrative wage garnishment for federal debts, most prominently defaulted federal student loans at up to 15% of disposable pay, and federal law expressly overrides state garnishment limits for those orders. And the IRS levies wages under its own exemption-table system, which is not bound by state law at all.

On state taxes, New Hampshire has no broad wage income tax, and we did not verify any Department of Revenue Administration wage-levy percentage for the taxes it does administer, so no figure is stated here.

On job protection, New Hampshire's scheme makes the question nearly moot, since employers rarely receive continuing orders. The federal rule still applies: an employer may not fire you because your earnings were garnished for any one debt.

The 3-Year Statute of Limitations

New Hampshire gives creditors one of the shortest windows in the country. Under RSA 508:4, most personal actions, including suits on contracts, accounts, and credit cards, must be brought within 3 years. There is no separate written-versus-oral split to argue about. Promissory notes are the main exception: under RSA 382-A:3-118, a note payable at a definite time carries 6 years from the due date, and a demand note 6 years from demand. Court judgments themselves are enforceable far longer, with a 20-year period generally cited for judgments, so a debt that has already gone to judgment is not going to age out quickly.

New Hampshire has no statute saying what revives a time-barred debt. The gap is filled by long-standing common-law doctrine, described in the New Hampshire Judicial Branch law library's guidance: a partial payment or an acknowledgment of the debt can count as evidence of a new promise to pay, restarting the period. Because this is case law rather than a statute, treat any payment on an old New Hampshire debt as potentially restarting the 3-year clock, and date the debt before paying anything.

A debt past the limitation period is not erased. Collectors may still contact you and ask for payment, and the account can stay on your credit report for up to 7 years on a separate federal clock. What a collector cannot do is sue or threaten to sue on a time-barred debt; federal Regulation F prohibits it flatly.

Repossession in New Hampshire

Secured debt is the other place New Hampshire looks like everywhere else. Under RSA 382-A:9-609, a lender with a security interest in your car can repossess after default without any court order, as long as the repossession happens without a breach of the peace. We found no New Hampshire statute requiring a pre-repossession notice or right-to-cure period for ordinary auto loans, so a default can be followed by a tow truck with no warning. The motor vehicle retail installment law does bar contracts from waiving your right to sue over illegal acts committed during collection or repossession. After repossession, the sale must be commercially reasonable, and any deficiency claim becomes a new unsecured debt subject to the 3-year rule above. Servicemembers whose loans predate military service cannot be repossessed without a court order under federal law.

If You Are Being Sued or Facing Collection in New Hampshire

Answer the lawsuit before the deadline; every protection above, including the 3-year statute of limitations, is waived by a default judgment. If a payment-order hearing is scheduled, attend it with pay stubs and a budget, and identify exempt income so the judge can weigh it in setting the order. If a trustee writ hits your bank, check first whether the account is a designated payroll account, which RSA 512:21, XI exempts outright, and understand that the RSA 511:2 exemptions are written against attachment and execution rather than trustee process, so they are raised through the enforcement limit in RSA 524:6-a, I rather than claimed on the trustee writ itself. Do not pay anything on an old debt before dating the clock, because payment can restart it. And when a judgment, a payment order, and secured arrears have stacked past what a budget can carry, bankruptcy's automatic stay stops collection while the case is pending; the guide to stopping wage garnishment and collection walks through the options in order.

Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Debt Collection Laws by State
• Statute of Limitations on Debt
• How to Stop Wage Garnishment
• Can Social Security Be Garnished?
• New Hampshire Statute of Limitations
• New Hampshire Bankruptcy

---

Last updated: 2026-08-12.

More New Hampshire Laws

• New Hampshire Final Paycheck Laws
• New Hampshire Statute of Limitations
• New Hampshire Unclaimed Property

Frequently Asked Questions

Can wages be garnished in New Hampshire?

Not on a continuing basis for consumer debt. A trustee writ reaches only wages already earned but unpaid when it is served, only if the creditor holds a New Hampshire judgment, and $362.50 per week is exempt even then. Child support, federal student loans, and IRS levies operate under separate rules that do reach wages.

Is New Hampshire garnishment limited to $50 a week?

No, that repeats a common inversion. The $50 figure is the amount of pre-writ wages protected in small-loan cases under RSA 399-A, a narrow category where creditors can reach more than usual. For ordinary debt, 50 times the federal minimum wage ($362.50 a week) is protected, and future paychecks cannot be garnished at all.

How do creditors collect judgments in New Hampshire if they cannot garnish?

Mainly through periodic payment orders under RSA 524:6-a. The court inquires into your ability to pay and orders installments in its discretion, enforced through contempt. The statute does not require exempt income to be left out of that calculation, though the judgment cannot be enforced against income and property exempt from attachment or execution, and qualified retirement-plan income is exempt from periodic payments up to 50 times the federal minimum wage per week. Bank levies on non-exempt accounts are the other main tool.

What is the statute of limitations on debt in New Hampshire?

Three years for most personal actions, including credit cards and other contract debt, under RSA 508:4. Promissory notes carry 6 years under RSA 382-A:3-118, and judgments are enforceable much longer.

Does a partial payment restart the clock on old debt in New Hampshire?

It can. New Hampshire has no revival statute, but under common-law doctrine a partial payment or acknowledgment can serve as evidence of a new promise to pay, restarting the period. Date the debt before making any payment.

Is money in my New Hampshire bank account protected from creditors?

An account designated as a payroll account is categorically exempt from trustee process under RSA 512:21, XI. Other accounts have no automatic dollar shield. The RSA 511:2 exemptions, including the wildcard, are written against attachment and execution rather than trustee process, so they reach a levy only indirectly through the enforcement limit in RSA 524:6-a, I. The automatic federal protection for two months of directly deposited federal benefits applies regardless.