Best NH Judgment Collection Tool for Landlords Owed Back Rent
If you are a New Hampshire landlord who won a small claims judgment for unpaid rent, the most effective first step is filing a Motion for Periodic Payments under RSA 524:6-a. It costs $25 and requires the former tenant to appear at a hearing and complete a Statement of Assets and Liabilities under oath, giving you financial and property information to decide whether a bank attachment, property lien, or installment order makes sense. Without that disclosure, you are guessing about where the money is.
This is different from most states because New Hampshire does not allow standard wage garnishment for ordinary civil money judgments. If you have been looking for a way to garnish your former tenant's paycheck, that tool does not exist here for ordinary debt. What New Hampshire offers instead is a direct-to-debtor payment order enforced by contempt — and bank attachments through trustee process that can freeze non-exempt funds when the sheriff serves the writ.
The Landlord Collection Playbook: Step by Step
Step 1: Wait Out the 30-Day Appeal Window
After the clerk's written notice of the decision, the former tenant has 30 days to appeal to the New Hampshire Supreme Court. A motion for reconsideration has a separate 10-day deadline from the clerk's written notice. A periodic-payment order made with the judgment cannot require payments to begin before the appeal period expires. Use the time to organize your records: the lease, payment history, the judgment amount, and any communications from the tenant about their ability to pay.
Step 2: Send a Written Payment Demand
Before filing motions, send a formal demand letter to the tenant's last known address. Include the judgment principal, taxable court costs, and accrued post-judgment interest (5.7% simple annual rate for 2026 under RSA 336:1). A demand letter costs nothing and occasionally produces voluntary payment — especially from tenants who moved to a new rental and need a clean record.
Do not threaten actions you cannot take. RSA 358-C prohibits false or misleading collection practices. Stick to the facts: what is owed, when it is due, and what enforcement steps you will pursue if payment is not made.
Step 3: File the Motion for Periodic Payments ($25)
This is the landlord's best tool. It is not just a payment order — it is an asset discovery mechanism. When the court schedules the hearing, the tenant must appear and complete a Statement of Assets and Liabilities (Form NHJB-2328-DFPe) under oath. This discloses:
- Bank account names and balances
- Employer name and income
- Real estate owned
- Vehicle ownership
- Monthly expenses and obligations
- Other debts and judgments
If the tenant does not appear after being validly served, the court can issue a civil arrest warrant (capias) to bring them before the judge. Most tenants show up.
Step 4: Choose Your Enforcement Tool Based on What You Learn
| What the Disclosure Reveals | Best Enforcement Tool | Cost | Expected Timeline |
|---|---|---|---|
| Active bank account with funds | Writ of Trustee Process (RSA 512) | $40 court fee + sheriff service | Funds are held when the sheriff serves the writ; the court orders release after notice and any exemption hearing |
| Steady employment income | Periodic payment order (court-ordered installments) | No additional fee — set at the hearing | Monthly payments until satisfied |
| Real property in NH | Certificate of Judgment at Registry of Deeds | $10 court fee + registry fees | Lien attaches immediately; payment upon sale or refinance |
| Vehicle with equity above the $10,000 automobile exemption and any applicable wildcard exemption | Writ of Execution (RSA 527) | $40 court fee + sheriff levy costs | Sheriff seizes, appraises, auctions |
| Nothing — tenant appears judgment-proof | Record a Certificate of Judgment and monitor the debtor's circumstances | $10 court fee + Registry fees | Judgment remains enforceable up to 20 years; recorded liens must be renewed periodically |
Why Bank Attachments Work Well for Landlord Judgments
For landlords, the Writ of Trustee Process is often the fastest path to actual money. Former tenants who skipped on rent frequently still have an active bank account — they just stopped paying you specifically. The trustee process freezes everything in that account (above federally protected deposits like Social Security) the moment the sheriff serves the writ on the bank.
The key is knowing which bank. At the periodic payment hearing, the tenant submits a Statement of Assets and Liabilities and may be questioned under oath. The court may use contempt proceedings to address noncompliance with its orders.
Who This Is For
- New Hampshire landlords who won a small claims judgment for unpaid rent and have not been paid
- Property managers collecting on behalf of a rental property owner after an eviction judgment
- Landlords who also have a judgment for property damage beyond the security deposit
- Landlords whose former tenants moved to a new address within New Hampshire and are employed but refusing to pay
Who This Is NOT For
- Landlords still in the eviction process (this is about collecting money after the judgment, not obtaining the judgment)
- Landlords whose tenants filed for bankruptcy (the federal automatic stay halts all state collection)
- Commercial landlords with judgments in Superior Court (the tools are similar, but the filing procedures differ)
- Landlords looking for a property management service to handle collections on their behalf
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Tradeoffs for Landlords
The periodic payment approach gives you control and costs very little ($25 to file, $0 for contempt enforcement). The tradeoff is time — you attend hearings, file forms, and follow up on missed payments. Trustee process and a Writ of Execution each cost $40, while a Certificate of Judgment costs $10; sheriff service, levy, and Registry fees are additional. The time to collect depends on the tools used and whether the debtor pays.
A collection agency takes the work off your plate but typically keeps 25–50% of what they recover. On a $3,000 judgment, that is $750–$1,500 you never see. Most collection agencies also lack the ability to file court motions in New Hampshire — they make phone calls and send letters, which a judgment debtor can ignore.
An attorney is worth considering for larger judgments (above $5,000) or when the tenant is actively evading service. For typical rent judgments in the $1,500–$4,000 range, the economics usually favor handling enforcement yourself.
The real estate lien strategy is the patient approach. If the tenant owns real property in New Hampshire, recording a Certificate of Judgment at the Registry of Deeds for that county creates a lien against the property's non-exempt value. No title company will close a sale with an outstanding lien. The judgment can remain enforceable for up to 20 years, and its statutory interest rate is set annually (5.7% for 2026). This gives a creditor a way to secure payment when that property is sold or refinanced.
Frequently Asked Questions
Can I garnish my former tenant's wages in New Hampshire?
No. New Hampshire does not allow standard civil wage garnishment for ordinary money judgments. The alternative is a court-ordered periodic payment plan under RSA 524:6-a, where the judge orders the debtor to pay you directly in installments. If the debtor ignores the order, you file for contempt at no additional court fee. This is different from wage garnishment because the debtor — not the employer — is ordered to pay.
How much does it cost to collect a rent judgment in New Hampshire?
The minimum path: $25 for the Motion for Periodic Payments, which gets you a financial disclosure and a court-ordered payment plan. If you pursue a bank attachment, add $40 for the Writ of Trustee Process plus sheriff service fees. A real estate lien costs $10 for the court certificate plus county Registry of Deeds recording fees. Total costs depend on which tools you use and the additional service and recording fees.
What if my former tenant moved out of state?
If the tenant still has assets in New Hampshire (a bank account, real property), you can enforce the judgment against those assets in New Hampshire courts regardless of where the tenant lives. If their assets are entirely in another state, you need to domesticate the judgment in that state — file a certified copy of the NH judgment with that state's court system. This is where a collections attorney familiar with both jurisdictions can help.
How long do I have to collect a rent judgment in New Hampshire?
A New Hampshire judgment can remain enforceable for up to 20 years. The statutory post-judgment interest rate is set annually; it is 5.7% for 2026 under RSA 336:1, or about $171 for one year on a $3,000 balance at that rate. There is no rush to collect immediately if the tenant is currently judgment-proof — the judgment gains value over time while the tenant's circumstances may improve.
Should I report the unpaid judgment to credit bureaus?
New Hampshire small claims judgments no longer appear on consumer credit reports under the current credit bureau policies (the major bureaus stopped reporting most civil judgments in 2017–2018). However, the judgment remains a public court record. When your former tenant applies for a mortgage, the lender's title search will find any recorded judgment lien, which effectively blocks the purchase until the judgment is satisfied.
The New Hampshire Judgment Collection Roadmap covers every enforcement tool available to landlords, including the exact NHJB form codes for each motion, the TurboCourt e-filing steps, sheriff service procedures, and a complete exemption reference so you know which of the tenant's assets are reachable before you spend money on the wrong filing.
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