How to Collect an NH Small Claims Judgment When There's No Wage Garnishment

New Hampshire is one of a handful of states that does not allow standard civil wage garnishment for ordinary money judgments. If you won in small claims court and the debtor has a steady paycheck, you cannot file a garnishment order with their employer the way creditors can in most other states. Under RSA 512:21, wages earned by the debtor after service of a trustee writ are explicitly exempt from trustee process.

This surprises almost every judgment creditor in New Hampshire. National legal guides — including Nolo's widely referenced Everybody's Guide to Small Claims Court — treat wage garnishment as a standard post-judgment remedy. In New Hampshire, it is not. But the state offers a different set of tools that, for many creditors, can be more effective than garnishment. A court-ordered periodic payment plan puts the debtor directly on the hook for recurring payments, and non-compliance may lead to contempt proceedings and a civil arrest warrant. Bank attachments through trustee process can freeze non-exempt funds when the sheriff serves the writ. And real estate liens sit quietly until the debtor tries to sell or refinance.

Here is the complete enforcement toolkit available in New Hampshire, along with when each tool works best.

What You Can Do Instead of Wage Garnishment

1. Motion for Periodic Payments (RSA 524:6-a) — The Primary Tool

This is what replaces wage garnishment in New Hampshire. Instead of ordering the debtor's employer to withhold wages, the court orders the debtor directly to make recurring payments to you.

How it works:

• File a Motion for Periodic Payments (Form NHJB-2364-DPe) through TurboCourt — $25 filing fee
• The court schedules a hearing and orders the debtor to appear with a sworn Statement of Assets and Liabilities (Form NHJB-2328-DFPe)
• At the hearing, the debtor submits financial and property information under oath on the Statement of Assets and Liabilities
• The judge sets a payment amount and schedule based on the debtor's ability to pay
• If the debtor fails to pay, you file an Affidavit of Noncompliance (Form NHJB-2423-DP) — no filing fee for contempt enforcement

How this differs from wage garnishment: The court sets the payment amount and schedule based on the debtor's net earnings, reasonable living expenses, dependent obligations, and applicable exemptions, and orders the debtor — not the employer — to pay. If the debtor ignores the order, you can seek contempt enforcement.

2. Trustee Process Bank Attachment (RSA 512) — The Fastest Money

If the debtor has a bank account with money in it, trustee process is the fastest way to reach it.

How it works:

• File a Petition for Writ of Trustee Process with the Circuit Court — $40 filing fee
• The court issues the writ, and a county sheriff serves it on the bank
• The bank holds attachable, non-exempt funds up to the judgment amount upon service
• The bank files a Trustee Disclosure stating what it holds
• After notice to the debtor and any exemption hearing, the court orders the bank to release the frozen funds to you

What is protected: Federal benefits (Social Security, VA, SSI) deposited in the last two months are exempt under 31 CFR Part 212 — the bank must leave those accessible. Tax-qualified retirement funds deposited in the account are exempt under RSA 511:2, XIX.

Limitation: You need to know which bank the debtor uses. The financial examination at the periodic payment hearing is how you find out. This is why the Motion for Periodic Payments should usually be your first step — it gives you the intelligence to use every other tool effectively.

3. Writ of Execution (RSA 527) — Personal Property Seizure

A writ of execution authorizes the county sheriff to seize and sell the debtor's non-exempt personal property at auction.

How it works:

• Request a Writ of Execution from the District Division clerk — $40 filing fee
• The writ goes to the county sheriff, who levies on the debtor's reachable property
• The sheriff appraises the property, advertises a public auction, and sells it
• Proceeds pay sheriff fees and costs first, then your judgment balance

When it makes sense: Only when the debtor owns property with equity above the exemption limits. The key exemptions to check: $10,000 automobile equity (RSA 511:2, XVI), $5,000 tools of trade (RSA 511:2, IX), $3,500 household furniture (RSA 511:2, III). If the debtor's car is worth $8,000 with no loan, it is fully exempt. A vehicle worth $15,000 free and clear has at most $5,000 beyond the automobile exemption, before any applicable wildcard exemption.

4. Real Estate Lien — The Long Game

Recording a Certificate of Judgment at the county Registry of Deeds creates a lien against any real property the debtor owns in that county.

How it works:

• Obtain a certified copy or certificate of judgment — $10 court fee
• Record it at the Registry of Deeds for the county where the debtor owns property — registry fees apply
• The lien attaches to the property immediately
• No title company will close a sale or refinance with an outstanding judgment lien
• You get paid when the debtor sells, refinances, or transfers the property

The homestead exemption: Under RSA 480:1, the debtor can exempt up to $400,000 of equity in their primary residence ($550,000 aggregate for couples). If the debtor's home equity is below this threshold, the lien does not force an immediate sale — but it still blocks any voluntary transfer until the judgment is satisfied. For medical debt judgments, the full value of the homestead is protected.

5. Contempt Enforcement — Zero Filing Fee

When the debtor ignores a court-ordered payment plan or fails to appear at a hearing, contempt is your enforcement backstop.

How it works:

• File an Affidavit of Noncompliance (Form NHJB-2423-DP) — no filing fee
• The court schedules a show cause hearing
• If the judge finds the non-payment was willful (not caused by genuine inability), the debtor can be held in civil contempt
• The court may issue a civil arrest warrant (capias) directing law enforcement to bring the debtor before the court

This is the teeth behind the periodic payment order system. It is not debtor's prison — it is a mechanism to compel compliance with a court order. The court considers whether nonpayment is willful or results from changed financial circumstances.

Decision Flowchart: Which Tool First?

For most New Hampshire creditors, the sequence is:

1. Always start with the Motion for Periodic Payments — it is the cheapest ($25), produces the most information (sworn financial disclosure), and establishes a payment order that contempt can enforce.
2. If the disclosure reveals a bank account with funds — file for trustee process ($40) to attach the account.
3. If the debtor owns real property — record a judgment lien ($10 + registry fees) to secure your position.
4. If the debtor defaults on payments — file for contempt ($0) to enforce the order.
5. If the debtor appears judgment-proof — record a Certificate of Judgment if appropriate. The judgment can remain enforceable for up to 20 years, but recorded liens must be renewed periodically.

Who This Is For

• You won a small claims judgment in New Hampshire and discovered that wage garnishment is not available
• You searched for "NH wage garnishment forms" and came up empty — this explains why and what to do instead
• The debtor has a steady job and income but you cannot reach their paycheck directly
• You want a clear enforcement strategy that does not require an attorney
• You are a landlord, contractor, or small business owner collecting on an unpaid judgment

Who This Is NOT For

• You hold a child support order (child support enforcement in NH does allow income withholding under RSA 458-B — different rules entirely)
• The debtor filed for bankruptcy (federal automatic stay halts all state enforcement)
• Your judgment is from a state other than New Hampshire (you need to domesticate it in NH first)
• You are the debtor looking for exemptions (this is written for creditors)

Tradeoffs of the NH System

Advantage over wage garnishment states: The periodic payment process gives you sworn information about the debtor's income, assets, property, and expenses. In a wage garnishment state, employer withholding may not reveal the debtor's other bank accounts, income, or property.

Disadvantage: There is no automatic payroll deduction. You depend on the debtor voluntarily making payments as ordered. When they stop, you file for contempt — which works, but takes time. In a garnishment state, the money comes straight from the paycheck without the debtor's cooperation.

Net effect for small claims: For judgments under $10,000, New Hampshire offers a sworn financial examination, trustee process for attachable bank funds, and periodic payment orders enforced through court proceedings. A bank holds attachable, non-exempt funds when the sheriff serves a trustee writ; a periodic payment order sets installments payable by the debtor.

Frequently Asked Questions

Why doesn't New Hampshire allow wage garnishment?

New Hampshire has historically maintained strong protections for individual earnings. Under RSA 512:21, wages for labor performed after service of a trustee writ are exempt from attachment. The legislative policy favors protecting a debtor's ongoing ability to earn a living while providing alternative mechanisms (periodic payment orders enforced by contempt) to ensure creditors can still collect. The exceptions are child support (RSA 458-B), state tax obligations, and unemployment overpayment recoveries.

Can I garnish a debtor's bank account even though I can't garnish wages?

Yes. Bank account attachment through trustee process (RSA 512) is available for attachable, non-exempt funds. The bank must perform a two-month lookback for qualifying directly deposited federal benefits under 31 CFR Part 212, and other statutory exemptions and ownership claims can also limit what is collected.

What happens if the debtor quits their job to avoid paying?

A debtor who quits a job to avoid a periodic payment order faces the same contempt analysis. The court looks at whether the non-payment was willful. Voluntarily leaving employment to avoid a court-ordered obligation is a factor the judge considers in determining willfulness. The debtor also still owes the judgment — the statutory interest rate is set annually (5.7% for 2026 under RSA 336:1), and the judgment can remain enforceable for up to 20 years.

Is New Hampshire the only state without wage garnishment?

New Hampshire is one of very few states with near-total protection of wages from civil garnishment. Texas, South Carolina, and Pennsylvania also have significant restrictions, though the specifics differ by state. Each of these states has alternative enforcement mechanisms — New Hampshire's periodic payment and contempt system is its version.

How much does the entire enforcement process cost?

The court fees listed here are $25 for the Motion for Periodic Payments, $40 for trustee process, and $10 for a Certificate of Judgment; a Writ of Execution adds $40 if used. Contempt enforcement has no court filing fee. Sheriff service and levy costs, plus Registry of Deeds recording fees, are additional, so the total depends on which tools you use.

The New Hampshire Judgment Collection Roadmap walks through every enforcement tool with the exact NHJB form numbers, TurboCourt e-filing pathways, 2026 fees, and a decision flowchart for choosing the right sequence — built specifically for the state's no-wage-garnishment reality.

See more New Hampshire guides →