How to Put a Judgment Lien on Property in New Hampshire

What a Judgment Lien Does

A judgment lien encumbers the debtor's real estate so they cannot sell or refinance the property without addressing your judgment first. It does not give you the house or force an immediate sale — it creates a long-term claim that pays off when the property changes hands.

In New Hampshire, you create a judgment lien by recording a certified copy of your judgment with the affidavit required by RSA 524:13 at the Registry of Deeds for the county where the debtor's real estate is located. The court itself does not do this automatically. You have to take the step yourself.

How to Record the Lien

1. Get a certified copy of the judgment. Request it from the District Division clerk. The fee is $10.
2. Identify the correct county. The lien must be recorded in the Registry of Deeds for the county where the debtor's property is located. If they own property in multiple counties, you need to record in each one.
3. Record at the Registry of Deeds. File the certified 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. You will pay a local recording fee on top of the $10 court fee.
4. Keep your receipt. The Registry stamps and returns a recorded copy. This is your proof the lien is in place.

The $400,000 Homestead Exemption

Before you record a lien, understand what the homestead exemption means for your recovery. Under RSA 480:1, every individual in New Hampshire is entitled to protect up to $400,000 of equity in their primary residence from attachment and execution.

Qualifying co-owners or spouses can claim aggregate exemptions up to $550,000. The residence must have been continuously used as a primary dwelling for the preceding 12 months. And if the underlying debt resulted from unpaid medical bills or catastrophic illness, the full market value of the homestead is protected — no cap at all.

For a small claims judgment capped at $10,000, this means the homestead exemption will almost always shield the debtor's home from a forced sheriff sale. Most residential properties in New Hampshire carry equity well within the $400,000 threshold.

Why Record a Lien Anyway

Even though you probably cannot force a sale, recording the lien is still valuable:

• Refinancing trigger — When the debtor refinances their mortgage, the title company discovers your lien and requires it to be satisfied before closing.
• Sale trigger — If the debtor sells the property, the lien must be paid from the proceeds at closing.
• Long-term preservation — New Hampshire judgments last 20 years under RSA 508:5. A lien recorded today can produce payment years from now when the debtor's circumstances change.

The lien effectively puts a cloud on the debtor's title that they cannot clear without paying you.

Removing the Lien After Payment

Once the debtor pays the judgment in full, you are legally required to release the lien. You must file a written satisfaction with the District Division clerk and deliver the discharge for the debtor to record at the Registry of Deeds. If you fail to deliver the discharge within 30 days after receiving the debtor's request, the debtor can file a Request for Court Ordered Discharge (Form NHJB-2595-De) under RSA 524:13, VI(a). The court may issue the discharge after receiving proof that the judgment has been paid in full.

For the full procedure on combining a judgment lien with other enforcement tools — bank account attachments, property seizure, and installment orders — see our Collecting a Small Claims Judgment in New Hampshire guide.

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