e-filing is now available for small claims cases that started electronically (not in paper) at ALL District Division locations
After reviewing the information on these pages, if you need further assistance please contact the District Division at
1-855-212-1234 for calls from US or Canada (Calls from outside US or Canada call 603-223-0392)
The small claims process is governed by RSA Chapter 503. In addition, a person who is filing or defending against a small claim will want to be familiar with the Rules of the Circuit Court District Division and the Small Claim Electronic Filing Pilot Rules. While there is a section within the District Division Rules that specifically deals with small claims, there are others which will be relevant to the small claims process.
Effective January 1, 2010, a person or entity may sue any person or business whom it is alleged owes $7,500 or less or who has caused damage of $7,500 or less. Any claim in excess of $5,000 is subject to mandatory mediation. Please feel free to visit the mediation section of the Judicial Branch website. If the claim is over $1500, the Defendant may request a jury trial. If such a request is filed, the parties will be notified when the case is transferred to the county Superior Court for trial by jury. If the claim would require the court to decide ownership of real estate, it must be filed in the Superior Court and may not be filed as a small claim.
Try to settle your claim.
The parties should try to settle the claim. The Plaintiff may simply ask the person who owes the money to pay. Often a compromise is better in the long run.
The claim shall be filed in the district division where either the Plaintiff or 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. To find which court covers your particular town, please click on the "Find Your Court" link to the right. If one of the parties in the case is an estate, trust, guardianship or conservatorship, the case may be filed in the Probate Division in the county where the estate, trust, guardianship or conservatorship is located.
Electronic Filing is mandatory in Small Claim cases filed at the courts locations listed on this page. Self-represented litigants will use the program TurboCourt. Attorneys will use the program File & Serve. Electronic Small Claims filing will be expanded to all circuit courts in the coming months.