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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

SMALL CLAIMS ACTIONS

    
    4.8. 
(a)  The clerk shall send a copy of the claim to the defendant by first class mail addressed to the defendant's last known post office address.  The defendant will be required to indicate in writing within 30 days of the date the notice is mailed whether the defendant wants to be heard. 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.

(b) 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 (See RSA 510). The defendant will be required to indicate in writing the defendantís desire to be heard on or before the return date selected by the court, which shall be at least 30 days from the date of filing. If, upon proof of proper service, the defendant fails to respond on or before the return date, judgment shall be entered for the plaintiff. 

(c)  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.

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Circuit Court District Division Rules Table of Contents