New Hampshire
New Hampshire Small Claims Court: $10,000 Limit, Fees, How to File
Independently fact-checked against primary sources (last audited October 7, 2026). · 23 primary sources cited on this page. How we verify our legal content
New Hampshire's small claims limit is $10,000. Under RSA 503:1, I, a small claim is any case that does not involve title to real estate in which the debt or damages, not counting interest and costs, is $10,000 or less, and it is heard by a justice of the district court under the simple procedure in RSA chapter 503.
The statute still says "district court," but since July 1, 2011 those courts have been the District Division of the New Hampshire Circuit Court (RSA 490-F:3), so that is the court you file in.
The process is built for people without lawyers: the court mails the claim to the defendant for you, the judge is not bound by the technical rules of evidence, and the case can be decided at a single hearing. A few features are unusual, though. Claims over $5,000 go to mediation first, claims over $1,500 can be moved to superior court for a jury trial, and an appeal goes straight to the New Hampshire Supreme Court on questions of law only. This guide walks through a New Hampshire small claims case in the order you will live it. For other states, see our guide to small claims court by state.
Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers small claims under New Hampshire RSA chapter 503 (Litigation of Small Claims), with venue and district court jurisdiction under RSA 502-A. It does not cover landlord-tenant eviction cases, claims involving title to real estate, regular civil cases in district or superior court, or small claims in other states.
New Hampshire small claims limit: $10,000
RSA 503:1, I sets the ceiling: "A small claim is any right of action not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed $10,000."
The same $10,000 limit applies whether the plaintiff is an individual or a business; RSA 503:1 sets no separate cap by type of plaintiff or type of claim. Interest and court costs are not counted toward the limit. The statute's history note shows the last amendment to RSA 503:1 took effect July 1, 2015, and no later change appears on the official statute page.
Small claims is optional. RSA 503:2 describes it as "a simple, speedy, and informal procedure" that "shall be alternative and not exclusive," so a plaintiff can still bring the same claim on the regular civil docket instead.
Two thresholds inside the $10,000 limit
The amount you claim changes how the case runs:
| Amount of the claim | What happens | Source |
|---|---|---|
| $1,500 or less | The judge decides the case; the jury-trial option starts above $1,500 | RSA 503:1, III |
| More than $1,500 | The defendant can claim a jury trial, which transfers the case to superior court; a plaintiff who wants a jury files outside small claims instead | RSA 503:1, II and III |
| More than $5,000, with no jury claim | Both parties must take part in the district court mediation program before a hearing | RSA 503:1, IV |
If your claim is larger than $10,000
A claim above $10,000 is not a small claim. The district court's regular civil docket can hear cases up to $25,000, concurrently with the superior court, when title to real estate is not involved and the plaintiff or defendant lives in the district (RSA 502-A:14). The statute also lets the New Hampshire Supreme Court expand selected district courts to $50,000.
Every claim also has a filing deadline. Our New Hampshire statute of limitations guide covers how long you have for different kinds of claims, and the statute of limitations calculator can help you count the days.
What you can sue for, and who can file
You can bring any money claim of $10,000 or less that does not involve title to real estate: an unpaid loan or bill, a contractor who took a deposit and did not finish, damage to your car or other property, or a landlord who kept a security deposit. For the deposit rules a landlord must follow, see our New Hampshire landlord-tenant laws guide.
A few limits come from the statute itself:
- No prejudgment attachment. RSA 503:13 says: "RSA 511-A shall not apply to the litigation of small claims under this chapter." You cannot freeze the defendant's property before you win.
- No yearly cap in the statute. RSA chapter 503 does not limit how many small claims one person can file in a year. We could not review the court's own small claims rules on this point.
Filing fees
The state does not publish a statewide small claims fee figure that we could verify for this article, so confirm the current entry fee with the court before you file. New Hampshire's court websites blocked our review.
What the statute does say: under RSA 503:4, the clerk collects the entry fee for the state and pays the postage to mail the notice to the defendant. RSA 503:4 also adds a surcharge to each small claims entry fee for the mediation and arbitration fund: "The sum of $5 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages is $5,000 or less and the sum of $60 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages exceeds $5,000."
So a claim over $5,000 costs noticeably more to file than a smaller one. If you cannot afford the fee, ask the clerk whether you can apply to have it waived; we did not verify New Hampshire's fee waiver form or standard for this article.
Do you need a lawyer?
No lawyer is required. RSA 503:2 lets "a plaintiff or his authorized attorney" use the small claims procedure, so you can file and present your own case.
Lawyers are allowed, with notice. Under RSA 503:2-a, "Any attorney appearing in a small claims action on behalf of a party shall file an appearance with the court and shall provide copies of that appearance to all opposing parties at least 7 days prior to the hearing date." If you did not get notice of that requirement and the other side shows up with a lawyer, you can ask the court for a continuance.
Businesses
A corporation, partnership, limited liability company or trust can be represented by a non-lawyer officer, employee, partner, owner or trustee, under RSA 503:11. That person must present written authorization signed by a duly authorized official of the business, acknowledged, and presented under oath. The court can deny representation it considers improper.
Where to file
File in the right district. Under RSA 502-A:16, "Actions shall be returnable to the district court of the judicial district where either plaintiff or defendant resides." A partnership or corporation resides where it keeps an office or place of business.
That gives you a choice: you can usually file in your own district or the defendant's. If the defendant does not live in New Hampshire, RSA 503:3-b also lets you file where the defendant, in person or through an agent, does business, made a contract with a local resident, committed a tortious act, or owns or uses property.
How the defendant is served
You do not serve the papers yourself at first. Under RSA 503:6, the court mails a notice and a statement of your claim to the defendant's last known address by postpaid first-class mail, whether or not the defendant lives in New Hampshire. The notice directs the defendant "to indicate, in writing within 30 days from the date said notice is mailed, the defendant's desire to be heard."
If the post office returns the notice as undelivered, the court directs you to complete service at your own expense, the same way service is made in other civil actions.
If you are the defendant
Respond in writing within 30 days of the date the notice was mailed. RSA 503:6 is direct about the alternative: "If the defendant fails to respond to the notice and the notice is not returned as undelivered, a default judgment will be entered in favor of the plaintiff."
If you do respond, the court schedules a hearing and mails notice to both sides at least 14 days in advance.
Jury trial option. On a claim over $1,500, a defendant can request a jury trial in writing within 5 business days of the date the plaintiff filed the claim, or within extra time the court allows for good cause (RSA 503:1, III). That window can close before the mailed notice arrives, so a defendant who wants a jury should file the request right away and ask the court for more time if the 5 days have already passed. The request moves the case to superior court. The plaintiff pays the original entry fee (recoverable as a cost if the plaintiff wins) and the defendant pays the small claims transfer fee.
We could not verify New Hampshire's rules on counterclaims or the deadline to ask the court to set aside a default judgment. If you missed the response deadline, contact the clerk right away.
Military defendants. Federal law adds a step before any default judgment. Under the Servicemembers Civil Relief Act, the court "before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit" stating whether or not the defendant is in military service (50 U.S.C. § 3931(b)(1)).
Debt collection suits. A debt collector suing over a consumer debt may sue only where the consumer signed the contract or lives when the case starts (15 U.S.C. § 1692i(a)(2)). The Federal Trade Commission's advice is to "respond and don't ignore the lawsuit."
Mediation for claims over $5,000
RSA 503:1, IV says: "When the amount of debt or damages exceeds $5,000 and no claim is made for trial by jury under paragraph III, the parties to the action shall be required to participate in a mediation program." If mediation does not settle the case, it goes to a hearing before the judge.
The statute does not require a demand letter before you file, and smaller claims have no mandatory mediation step. Asking for payment in writing first is still a sensible way to show the judge you tried.
The hearing
The hearing is informal. RSA 503:7 says: "At the hearing, the technical rules of evidence shall not apply but the justice may admit any evidence he deems material and proper." Bring your contract, receipts, photos, texts and any witnesses.
Three practical points from RSA 503:7 and 503:10:
- Ask for a recording if you might appeal. Either party can request a sound recording of the hearing at least 5 business days before trial, at the requester's cost. An appeal is decided on that record, so without it you may have little to appeal on.
- Payment plans. The judge can order the judgment paid in installments.
- Costs and interest. A winning plaintiff is awarded costs and interest.
Appeals go to the New Hampshire Supreme Court
There is no new trial on appeal. Under RSA 503:10, "Any party to a small claim judgment may, at the time judgment is declared or within 30 days of the notice of judgment date, appeal therefrom to the supreme court."
The appeal is narrow. The judge's findings of fact are final, and only questions of law can go up (RSA 503:9; 503:10). If you think the judge believed the wrong witness, that is generally not something the Supreme Court will revisit. The only route to a jury is the jury claim made before the hearing on a claim over $1,500.
Collecting a New Hampshire small claims judgment
Winning a judgment does not guarantee payment. If the other side does not pay, post-judgment proceedings follow the same practice as other civil cases (RSA 503:8; 503:12):
- Attachment and levy of execution on the debtor's personal property and real estate, under RSA chapters 511, 528 and 529.
- Securing the judgment against real estate the debtor owns, under RSA 524:13.
- Installment orders the judge set at the hearing.
- Periodic payment hearing. If no payment order was made at the hearing, you can petition the court to order the debtor to appear for an inquiry into ability to pay. The court can then order periodic payments, and failing to make them is civil contempt unless the judge finds good cause, such as changed circumstances (RSA 524:6-a).
Interest. Judgment interest in New Hampshire is a simple annual rate set by the state treasurer under RSA 336:1, II: the 26-week Treasury bill discount rate at the last auction before the end of September, plus 2 percentage points, rounded to the nearest tenth, and applied from January 1 to December 31. We did not look up the current year's figure; ask the clerk or check the treasurer's posted rate.
How long a judgment lasts. An action on a judgment may be brought within 20 years (RSA 508:5). We did not verify the renewal mechanics.
Exemptions. Some of a debtor's property is protected from collection. Our New Hampshire debt collection laws guide covers those protections. Federal benefits are protected too: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).
Claims against the federal government
A claim against a federal agency, or a federal employee acting on the job, is not a New Hampshire small claims case. Federal district courts have exclusive jurisdiction over Federal Tort Claims Act claims for money damages (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the agency in writing within two years (28 U.S.C. § 2401(b)).
Official resources
- RSA chapter 503, Litigation of Small Claims (the full small claims statute)
- RSA 503:1 (the $10,000 limit, jury and mediation thresholds)
- RSA chapter 502-A (district court jurisdiction and venue)
The New Hampshire Judicial Branch also publishes small claims self-help material and forms on its website. Its pages blocked our review, so we have not summarized them here; check them for the current entry fee, forms and filing method.
Related
- Small claims court by state
- New Hampshire statute of limitations
- New Hampshire landlord-tenant laws
- New Hampshire debt collection laws
- Massachusetts small claims court
- Maine small claims court
Disclaimer: This article provides general legal information about small claims in New Hampshire under RSA chapter 503 and the other New Hampshire and federal laws cited above, verified on 2026-10-06. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the court's self-help center, a legal aid office, or a lawyer licensed in New Hampshire.
Last updated: 2026-10-06.
Frequently Asked Questions
What is the small claims limit in New Hampshire?
$10,000, not counting interest and costs. RSA 503:1, I covers any claim that does not involve title to real estate.
Can I sue for more than $10,000 in New Hampshire small claims court?
No. A larger claim goes on the regular civil docket; the district court can hear civil cases up to $25,000 concurrently with the superior court under RSA 502-A:14.
Do I need a lawyer for small claims in New Hampshire?
No. RSA 503:2 lets a plaintiff or an authorized attorney use the procedure. If a lawyer appears for either side, RSA 503:2-a requires an appearance filed at least 7 days before the hearing.
Can a business represent itself in New Hampshire small claims court?
Yes. Under RSA 503:11, a non-lawyer officer, employee, partner, owner or trustee can appear with written authorization that is signed, acknowledged and presented under oath, though the court can deny representation it finds improper.
How much does it cost to file small claims in New Hampshire?
We could not verify the current statewide entry fee, so confirm it with the court. RSA 503:4 adds $5 to the fee for claims of $5,000 or less and $60 for claims over $5,000.
How long does a defendant have to respond to a New Hampshire small claim?
30 days from the date the court mails the notice, under RSA 503:6. If the defendant does not respond and the notice was not returned undelivered, a default judgment is entered for the plaintiff.
Is mediation required in New Hampshire small claims?
Only for claims over $5,000 where no jury trial is claimed. RSA 503:1, IV requires both parties to take part in the district court mediation program.
Can I get a jury trial in New Hampshire small claims?
Only on a claim over $1,500. A defendant who claims a jury has the case moved to superior court under RSA 503:1, III; a plaintiff who wants a jury files outside small claims instead (RSA 503:1, II).
How long do I have to appeal a New Hampshire small claims judgment?
30 days from the notice of judgment date, or at the time judgment is declared (RSA 503:10). The appeal goes to the New Hampshire Supreme Court and covers questions of law only.
Where do I file a small claim in New Hampshire?
In the District Division of the New Hampshire Circuit Court for the district where either you or the defendant lives (RSA 502-A:16; RSA 490-F:3). A business resides where it has an office or place of business.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE LI COURTS, CHAPTER 503 LITIGATION OF SMALL CLAIMS
§ 503:1Small Claim Defined.In force
I. A small claim is any right of action not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed $10,000. II. Any person may file a small claims action as provided in this chapter, unless trial by jury is claimed by the plaintiff when the debt or damages exceed $1,500 or when the defendant claims trial by jury as provided in paragraph III. III. When the debt or damages claimed exceed $1,500, a defendant may claim trial by jury by filing a written request within 5 business days of the filing of the application and statement of the claim under RSA 503:3 or within such additional time as the municipal or district court may for good cause allow. If such a request is filed, 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 original entry fee shall be paid by the plaintiff, but is recoverable as a cost if the plaintiff prevails. The small claims transfer fee shall be paid by the defendant, but is recoverable as a cost if the defendant prevails. IV.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:2-aRepresentation by Attorneys.In force
I. Any attorney appearing in a small claims action on behalf of a party shall file an appearance with the court and shall provide copies of that appearance to all opposing parties at least 7 days prior to the hearing date. II. The court shall give notice of the requirement to file an appearance under paragraph I to all parties in small claims actions. III. Any party which fails to receive timely notice under paragraph II may request a continuance, which the court shall ordinarily grant.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:11Representation of Corporations and Other Business Organizations.In force
I. Notwithstanding RSA 311:11, and to the extent not inconsistent with court rules, an officer, employee, partner, owner or trustee, as applicable, of a corporation, partnership, limited liability company, or trust who presents written authorization and who is not an attorney but is appearing for the organization, may represent the organization in an action cognizable as a small claim under this chapter before a district or municipal court for the purposes of entering a plea or answer on behalf of the organization, or otherwise representing the organization during the course of the small claim proceeding. II. The requirement for written authorization in paragraph I shall be met by a document, signed by a duly authorized official of the organization and containing a certificate of acknowledgment to the signature, authorizing the representation, 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. III.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:3Process.In force
An action on a small claim may be commenced by filing an application in the district or municipal court having jurisdiction. The application may be filed by a person or his authorized attorney and shall set forth a statement of the claim, including the names of the parties involved, the residence of each party, the basis of the claim, and the amount alleged to be due. Upon the filing of such an application and the payment of the required fee, the clerk shall set a time and place for hearing.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:4Disposition of Fees.In force
I. The clerk shall receive the entry fee for the use of the state and shall pay the postage for mailing the statement to the defendant required in RSA 503:6. II. The sum of $5 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages is $5,000 or less and the sum of $60 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages exceeds $5,000. Such sums shall be deposited in the mediation and arbitration fund established under RSA 490-E:4.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:12Post-Judgment Attachment and Execution.In force
I. Attachments and levies of execution on personal property and real estate may be made on judgments in small claims actions in district courts as provided in RSA 511, RSA 528, and RSA 529. II. A judgment entered in accordance with this chapter may be secured against real estate of the defendant in accordance with RSA 524:13.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:6Notice to Defendant.In force
I. The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending a written statement to the defendant by postpaid first class mail, addressed to the defendant at the defendant's last known post office address and directing the defendant to indicate, in writing within 30 days from the date said notice is mailed, the defendant's desire to be heard. II. If the defendant fails to respond to the notice and the notice is not returned as undelivered, a default judgment will be entered in favor of the plaintiff, who shall be notified by the court. III. If the notice is returned as undelivered, then the court shall direct the plaintiff to complete service on the defendant, at the expense of the plaintiff, as in all other actions at law. IV. If the defendant responds to the notice indicating a desire to be heard, the case shall be scheduled for hearing shortly thereafter. Both parties shall be notified by mail of the date and time of the hearing at least 14 days in advance of the hearing. V. [Repealed.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 503:10Records Requirement.In force
I. Any person who is a party to a small claim action may, at least 5 business days prior to trial, request of the district or municipal court that a sound recording be made of all proceedings in the trial. If such a request is made, the person making the request for the recording shall be responsible for the cost of the sound recording and any associated transcription costs. II. Any party to a small claim judgment may, at the time judgment is declared or within 30 days of the notice of judgment date, appeal therefrom to the supreme court. On any such appeal, the district or municipal court shall provide the sound recording requested under paragraph I to the supreme court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
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Sources and References
- N.H. RSA 503:1, definition of small claim and $10,000 limit(gc.nh.gov).gov
- N.H. RSA 503:2, small claims procedure established(gc.nh.gov).gov
- N.H. RSA chapter 502-A, district court jurisdiction (502-A:14) and venue (502-A:16)(gc.nh.gov).gov
- N.H. RSA 503:13, prejudgment attachment does not apply(gc.nh.gov).gov
- N.H. RSA chapter 503, Litigation of Small Claims (full chapter)(gc.nh.gov).gov
- N.H. RSA 503:4, entry fee and mediation fund surcharge(gc.nh.gov).gov
- N.H. RSA 503:2-a, attorney appearance(gc.nh.gov).gov
- N.H. RSA 503:11, representation of business entities(gc.nh.gov).gov
- N.H. RSA 503:6, notice to defendant, response deadline and default(gc.nh.gov).gov
- 50 U.S.C. § 3931, SCRA protection against default judgments(govinfo.gov).gov
- 15 U.S.C. § 1692i, FDCPA venue for debt collection suits(govinfo.gov).gov
- Federal Trade Commission: Debt Collection FAQs(consumer.ftc.gov).gov
- N.H. RSA 503:7, hearing and evidence(gc.nh.gov).gov
- N.H. RSA 503:10, sound recording and appeal to the supreme court(gc.nh.gov).gov
- N.H. RSA 503:9, findings of fact final(gc.nh.gov).gov
- N.H. RSA 336:1, judgment interest rate set by the state treasurer(gc.nh.gov).gov
- 42 U.S.C. § 407, Social Security benefits protected from legal process(govinfo.gov).gov
- 38 U.S.C. § 5301, VA benefits exempt from creditors(govinfo.gov).gov
- 28 U.S.C. § 1346, federal court jurisdiction over FTCA claims(govinfo.gov).gov
- 28 U.S.C. § 2401, FTCA two-year presentment deadline(govinfo.gov).gov
- RSA 490-F:3, Circuit Court divisions (district division)(gc.nh.gov).gov
- RSA 524:6-a, periodic payment of judgments(gc.nh.gov).gov
- RSA 503:3-b, entry of claims against a nonresident defendant(gc.nh.gov).gov