Small Claims Cases
What is a small claim? Are you being sued in a small claims case? Are you being harassed by debt collectors? Do you have a consumer protection complaint? Private Suits.
What is a small claim?
A small claim is a right of action not involving title to real estate in which debt or damages, exclusive of interest and costs, does not exceed the amount of $10,000. These are to be filed in your local NH Circuit Court, District Division.
If a small claim is:
- less than or equal to $1,500, then no trial by jury may be claimed;
- more than $1,500, then a trial by jury may be claimed by defendant and the case will be transferred immediately to superior court (plaintiff seeking trial by jury will initially file the case in superior court);
- more than $5,000, then there will be a mandatory mediation ordered (mediation is voluntary if small claim is less than or equal to $5,000).
A small claim action has a “simple, speedy, and informal procedure.” Small claims procedure is optional for claims that do not exceed $10,000. The rules of evidence do not apply in small claims cases. Trials in small claims cases are informal.
Small claims cases must be filed electronically. Self-represented litigants file small claims using TurboCourt, which automatically populates court-provided forms based on litigants’ responses to questions. The completed forms are submitted electronically to the court.
Small claims are designed to be filed without the help of an attorney. However, litigants may enlist the help of an attorney. 603 Legal Aid can connect you to an attorney that will be able to help. Click here to apply.
While there are filing fees for small claims cases, you may be eligible to have your fee waived. Requests for a fee waiver are built into the e-filing system.
To access instructions on how to file a small claim on your own, file into an existing small claim, access court forms, and more please follow this link.
Are you being harassed by debt collectors?
Check out our “Debt Collection” page for more information.
Do you have a consumer protection complaint?
Check out our “Protection from Unfair and Deceptive Business Practices” page for more information.
Private Suits
You have a right to sue for violations of the Consumer Protection Act.
If you win your lawsuit, the court will award you your actual damages or $1,000.00, whichever is greater. The court must also award court costs and attorney’s fees. If it finds the violator acted willfully or knowingly, the court may also award two to three times your actual damages.
If the dispute involves less than $5,000, you can bring a small claims action directly against the business in a district court. Go to your local court and pick up a copy of “How to File a Small Claim” which describes small claims procedures or read Small Claim eFiling Information Sheet. You do not need to hire a lawyer for a small claims action, though you may do so if you wish.
In addition, any private party or business can bring an action under the State Antitrust Act (RSA 356). This act, based on the Federal Antitrust Statutes, prohibits every “contract, combination or conspiracy in restraint of trade.” In general, these laws prohibit price-fixing, bid-rigging, group boycotts or monopolization. A successful party is entitled to three times actual damages plus all costs and attorneys’ fees.