What to Do When a Debtor Won't Pay a Small Claims Judgment in New Hampshire

The Court Will Not Collect for You

The biggest misconception after winning in small claims court is that the court sends someone to collect the money. It does not. The New Hampshire Judicial Branch does not function as a collection agency. If the debtor ignores your judgment, every enforcement step falls on you.

The good news: the court gives you real tools with real consequences for the debtor. Here is what you can do.

Option 1: File a Motion for Periodic Payments

This is usually the first move. Under RSA 524:6-a, you file a $25 motion (Form NHJB-2364-DPe) through TurboCourt asking the court to order the debtor to make installment payments. The debtor must appear at a hearing and disclose their full financial picture under oath. The court then sets a payment schedule based on what the debtor can actually afford.

If the court finds the debtor has an ability to pay after accounting for protected income and reasonable expenses, it can order payments the debtor must follow.

Option 2: Contempt for Non-Payment

If the debtor was already ordered to make payments and stopped, file an Affidavit of Noncompliance (Form NHJB-2423-DP). There is no filing fee. The court schedules a show cause hearing where the debtor must explain why they are not paying.

If the judge finds the non-payment was willful — meaning the debtor has the ability to pay but chose not to — the court can hold them in civil contempt. Consequences can include an arrest warrant. This is not a criminal charge, but the prospect of being brought to court by law enforcement tends to motivate payment.

Option 3: Freeze Their Bank Account

A Writ of Trustee Process under RSA Chapter 512 lets you attach funds in the debtor's bank account. The filing fee is $40. A sheriff serves the writ on the bank, which freezes non-exempt funds up to the judgment amount. Federal benefits like Social Security and VA payments are protected; other funds are reachable only to the extent they are not exempt.

This works best when you already know which bank the debtor uses — information that often comes out during the financial examination in Option 1.

Option 4: Seize Personal Property

A Writ of Execution under RSA Chapter 527 authorizes the county sheriff to levy on the debtor's non-exempt personal property — vehicles, equipment, unencumbered goods. The filing fee is $40, plus sheriff service and auction fees. The sheriff seizes, appraises, and auctions the property, applying the proceeds to your judgment.

Keep in mind that New Hampshire exempts up to $10,000 in equity in one automobile, $5,000 in tools of trade, $3,500 in household furniture, and other categories under RSA 511:2.

Option 5: Put a Lien on Their Real Estate

If the debtor owns property, record a certified copy of the judgment with the affidavit required by RSA 524:13 at the county Registry of Deeds. At recording, mail copies of the submitted documents by first-class mail to the debtor's address of record with the court, or to counsel if the debtor is represented. The court fee for the certified copy is $10. The $400,000 homestead exemption under RSA 480:1 means you probably cannot force a sale, but the lien stays in place for up to 20 years.

If the Debtor Truly Has Nothing

Some debtors are genuinely judgment-proof — no income beyond exempt benefits, no bank accounts with non-exempt funds, no seizable property. When that is the case, aggressive enforcement just costs you money.

But your judgment lasts 20 years under RSA 508:5. File a judgment lien now, and revisit enforcement when the debtor's circumstances change. People get jobs, open bank accounts, and buy property. Interest accrues at 5.7% per year (2026 rate) the entire time.

For step-by-step instructions on each of these enforcement tools — with the exact forms, fees, and procedures — see our Collecting a Small Claims Judgment in New Hampshire guide.

See more New Hampshire guides →