New Hampshire Small Claims Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Hampshire requires small claims complaints to be filed electronically using the court's
TurboCourt e-filing system. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official e-filing system before filing. Access the
e-filing system at https://www.courts.nh.gov/our-courts/circuit-court/district-division/small-claims.
Do not file this document directly with the court.

NEW HAMPSHIRE SMALL CLAIMS COMPLAINT

(For Use in the Circuit Court, District Division of New Hampshire)

TABLE OF CONTENTS

1. Case Caption
2. Plaintiff Information
3. Defendant Information
4. Jurisdiction and Venue
5. Type of Claim
6. Statement of Facts
7. Damages Calculation
8. Prior Demand
9. Relief Requested
10. Supporting Documents Checklist
11. Verification
12. Filing Information
13. Practice Notes — New Hampshire Small Claims Rules
14. Sources and References

1. CASE CAPTION

STATE OF NEW HAMPSHIRE
CIRCUIT COURT — DISTRICT DIVISION
[________________________________] COUNTY
[________________________________] DISTRICT COURT

SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES

2. PLAINTIFF INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — State of Incorporation: [________________________________]
☐ Limited Liability Company (LLC) — State of Organization: [________________________________]
☐ Other: [________________________________]

Mailing Address: [________________________________]

City/Town: [________________________________] State: [____] ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Note: Under RSA 503:1, a small claims action may be commenced by any person who is at least 18 years of age. Minors must bring claims through a parent, guardian, or next friend.

3. DEFENDANT INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — Registered Agent: [________________________________]
☐ Limited Liability Company (LLC) — Registered Agent: [________________________________]
☐ Other: [________________________________]

Mailing Address (for service): [________________________________]

City/Town: [________________________________] State: [____] ZIP: [________________________________]

Telephone (if known): [________________________________]

Email (if known): [________________________________]

Additional Defendant (if any):

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City/Town: [________________________________] State: [____] ZIP: [________________________________]

Service Note: Filing the complaint does NOT constitute service on the Defendant. Under RSA 510 and Circuit Court District Division Rule 4.5, separate formal service of process is required. Service may be accomplished by sheriff, deputy sheriff, constable, or certified mail with return receipt requested in accordance with RSA 510.

4. JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to RSA 503:1 because the amount claimed, exclusive of interest and costs, does not exceed $10,000.

2. Venue is proper in this district because (select all that apply):
   ☐ The Plaintiff resides in this district
   ☐ The Defendant resides in this district
   ☐ The Defendant transacts business in this district, in person or through an agent
   ☐ The Defendant made a contract with a resident of this district
   ☐ The Defendant committed a tortious act within this district
   ☐ The Defendant owns, uses, or possesses real property within this district

3. The total amount sought in this action, exclusive of interest and costs, is: $[________________________________]

4. This claim does not involve the title to real estate.

5. This claim is for monetary relief only. No injunctive, declaratory, or equitable relief is sought.

Venue Rules: Under RSA 503:2, the claim shall be filed in the district division where either the Plaintiff or the Defendant resides. If the Defendant is not a New Hampshire resident, the claim may be filed in the district where the Defendant transacts business, made a contract with a local resident, committed a tortious act, or owns real property.

5. TYPE OF CLAIM

Select the type(s) of claim that apply:

☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Goods Sold and Delivered — Defendant failed to pay for goods received
☐ Services Rendered — Defendant failed to pay for services provided
☐ Property Damage — Defendant caused damage to Plaintiff's property
☐ Return of Security Deposit — Landlord failed to return security deposit as required by RSA 540-A:7
☐ Unpaid Rent — Tenant failed to pay rent owed under a lease agreement
☐ Unpaid Wages — Employer failed to pay wages earned (subject to RSA 275:43 et seq.)
☐ Unpaid Loan — Defendant failed to repay a personal loan
☐ Auto Accident / Vehicle Damage — Defendant caused damage to Plaintiff's vehicle
☐ Bad Check / Dishonored Check — Defendant issued a check returned for insufficient funds (RSA 544-B)
☐ Unjust Enrichment — Defendant was unjustly enriched at Plaintiff's expense
☐ Return of Personal Property — Recovery of the value of personal property wrongfully held
☐ Consumer Protection — Unfair or deceptive practices under RSA 358-A
☐ Other: [________________________________]

6. STATEMENT OF FACTS

Provide a clear, numbered description of the facts giving rise to your claim:

1. On or about [__/__/____], [describe the initial agreement, transaction, or event]: [________________________________]

4. On or about [__/__/____], Plaintiff demanded that Defendant [pay / perform / return]: [________________________________]

5. Defendant has failed and refused to [pay / perform / return], despite Plaintiff's demand.

8. As a direct and proximate result of Defendant's actions, Plaintiff has suffered monetary damages as set forth in Section 7 below.

7. DAMAGES CALCULATION

Jurisdictional Limit: Under RSA 503:1, the total amount claimed in small claims court may not exceed $10,000, exclusive of interest and costs. If your total damages exceed this amount, you must file in the Superior Court or reduce your claim to $10,000 and waive the excess.

Interest Rate: Under RSA 336:1, the legal rate of interest in New Hampshire is 10% per annum, unless otherwise agreed upon in writing by the parties or otherwise provided by statute.

8. PRIOR DEMAND

Plaintiff certifies the following regarding prior demand on Defendant:

☐ On [__/__/____], Plaintiff made a written demand upon Defendant for payment of $[________________________________]. A copy of the demand letter is attached as Exhibit [____].

☐ On [__/__/____], Plaintiff made an oral demand upon Defendant for payment. Defendant refused to pay.

☐ Plaintiff made multiple demands as follows: [________________________________]

☐ Demand was impracticable or would have been futile because: [________________________________]

Defendant's Response to Demand:
☐ Defendant did not respond
☐ Defendant refused to pay
☐ Defendant disputed the amount owed
☐ Defendant acknowledged the debt but has not paid
☐ Other: [________________________________]

9. RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Principal damages in the amount of $[________________________________];

b. Pre-judgment interest from [__/__/____] at the applicable legal rate;

c. Post-judgment interest at the applicable legal rate until the judgment is paid in full;

d. Court costs, including the filing fee of $[________________________________] and service costs of $[________________________________];

e. Such other and further relief as the Court deems just and proper, provided the total recovery does not exceed the jurisdictional limit of $10,000 (exclusive of interest and costs).

10. SUPPORTING DOCUMENTS CHECKLIST

Attach copies of all documents that support your claim. Check all that apply:

☐ Written contract or agreement
☐ Invoices or bills
☐ Receipts for payment made
☐ Demand letter(s) sent to Defendant
☐ Photographs of damage
☐ Repair estimates or receipts
☐ Lease or rental agreement
☐ Security deposit receipt and itemization
☐ Canceled or dishonored check
☐ Text messages, emails, or other correspondence
☐ Promissory note or loan agreement
☐ Itemized statement of account
☐ Witness statements
☐ Police report
☐ Other: [________________________________]

Practice Tip: Bring the originals of all documents to the hearing. The court will review copies but may request originals for verification. Organize your exhibits in chronological order.

11. VERIFICATION

I, [PLAINTIFF NAME], hereby state under penalty of perjury that I am the Plaintiff (or authorized agent of Plaintiff) in the foregoing action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I further certify that the total amount sought, exclusive of interest and costs, does not exceed $10,000.

Dated: [__/__/____]

____________________________________
[PLAINTIFF NAME]
[Address]
[Telephone]

12. FILING INFORMATION

Filing Fees

Note: Filing fees are set by the New Hampshire Judicial Branch under Circuit Court District Division Rule 1.28 and are subject to change. Confirm current fees before filing. Counterclaim entry fees are the same as filing fees based on the amount claimed. There is a small claims transfer fee of $145.00 if the case is transferred to Superior Court for a jury trial.

Methods of Filing

☐ Electronic filing (MANDATORY) — All small claims must be filed electronically. Self-represented litigants use TurboCourt; attorneys use File & Serve. Access the e-filing system through the New Hampshire Judicial Branch website.

Important: New Hampshire requires mandatory electronic filing for all small claims cases at all district division locations. Paper filings are generally not accepted unless an exemption is granted.

Service Requirements

Filing the complaint does NOT constitute service on the Defendant. Formal service must be accomplished separately:

☐ Sheriff, deputy sheriff, or constable — Personal service in accordance with RSA 510
☐ Certified mail, return receipt requested — In accordance with RSA 510
☐ Other method authorized by RSA 510

Timing: Service must be completed at least 14 days before the scheduled hearing date. The court will set the hearing date upon filing, and the plaintiff is responsible for arranging service.

13. PRACTICE NOTES — NEW HAMPSHIRE SMALL CLAIMS RULES

Key Jurisdictional Rules

• Jurisdictional Limit: $10,000, exclusive of interest and costs (RSA 503:1)
• Court: Circuit Court, District Division — Small Claims Session
• Attorney Representation: Attorneys are permitted in New Hampshire small claims court. Parties may represent themselves or retain counsel.
• Jury Trial: Not available in small claims court, but a defendant may request a jury trial transfer to Superior Court if the claim exceeds $1,500 (RSA 503:7)
• Title to Real Estate: Claims involving the title to real estate may NOT be brought in small claims court (RSA 503:1)

Mandatory Electronic Filing

All small claims cases must be filed electronically:

• Self-represented litigants: Use TurboCourt at courts.nh.gov
• Attorneys: Use File & Serve
• Paper filings are not accepted absent an exemption

Mediation

Under the New Hampshire small claims rules:

• Claims under $5,000: Mediation is voluntary
• Claims $5,000 and over: Mediation is mandatory before the case proceeds to hearing

Both parties should be prepared to participate in mediation in good faith. Mediation is conducted by trained mediators and is confidential. Many disputes are resolved at the mediation stage.

Jury Trial Transfer (RSA 503:7)

When the debt or damages claimed exceed $1,500, the defendant may request a trial by jury by filing a written request within 5 business days of the filing of the statement of claim under RSA 503:3, or within such additional time as the court may allow. If such a request is filed, the case is transferred to the Superior Court in the county where the district is located and is heard and tried as if originally entered in the Superior Court. The transfer fee is $145.00.

Counterclaims

The defendant may file a counterclaim in small claims court. The counterclaim must not exceed $10,000. If the counterclaim exceeds the small claims jurisdictional limit, the entire case may be transferred to a court of greater jurisdiction. A counterclaim filing fee applies based on the amount of the counterclaim.

Hearing Preparation

• Bring all original documents and evidence to the hearing
• Bring any witnesses who can testify to the facts of your case
• Prepare a clear, concise summary of your claim
• Be prepared to explain your damages calculation with supporting documentation
• Arrive early and dress professionally
• The hearing is conducted informally but under oath

Appeal Rights (RSA 503:11)

Either party may appeal a small claims judgment to the Superior Court for a trial de novo (a completely new trial). The notice of appeal must be filed within 30 days of the date of judgment. The appealing party must pay the applicable Superior Court filing fee and any appeal bond required. Calendar this deadline immediately upon receiving notice of the judgment.

Default Judgment

If the defendant fails to appear at the hearing, the court may enter a default judgment in favor of the plaintiff. The plaintiff must still appear and present evidence supporting the claim and the amount of damages.

Enforcing the Judgment

If the defendant does not voluntarily pay the judgment, the plaintiff may use enforcement remedies available under New Hampshire law, including:

• Wage attachment (RSA 512)
• Bank account attachment
• Lien on real property
• Execution on personal property
• Supplementary proceedings (examination of debtor's assets)

Statute of Limitations Reminders

Before filing, confirm that your claim has not expired under the applicable New Hampshire statute of limitations:

• Written contracts: 3 years (RSA 508:4, I)
• Oral contracts: 3 years (RSA 508:4, I)
• Personal injury: 3 years (RSA 508:4, I)
• Property damage: 3 years (RSA 508:4, I)
• Fraud: 3 years from discovery (RSA 508:4, I)
• Security deposit: 3 years after termination of tenancy (RSA 540-A:7)
• Bad checks: 3 years (RSA 508:4, I)

14. SOURCES AND REFERENCES

• RSA Chapter 503 — Litigation of Small Claims (NH General Court)
• RSA 503:1 — Small Claim Defined
• Small Claims Actions — New Hampshire Judicial Branch
• Rule 4.1 — Filing Small Claim Complaint (NH Judicial Branch)
• Rule 1.28 — Court Fees (NH Judicial Branch)
• Small Claims — NH Judicial Branch Overview
• Small Claims Court — 603 Legal Aid
• Small Claims — NH Law Library Guide
• New Hampshire Small Claims Court (Nolo)