New Hampshire Small Claims Counterclaim

Being sued in New Hampshire small claims court does not mean you are stuck playing defense. If the plaintiff owes you money from the same dispute, you can file a counterclaim — your own claim for damages — right alongside your response. This puts both sides of the story in front of the judge in one case instead of forcing you to file a separate lawsuit.

When a Counterclaim Makes Sense

A counterclaim must arise from the same transaction or occurrence as the original claim. If a contractor is suing you for $4,000 in unpaid renovation work but left the job half-finished and you paid $2,500 to another contractor to fix it, that repair cost is a valid counterclaim. If you want to sue the same person over a completely unrelated dispute, you would need to file a separate small claims action.

Common counterclaim situations in NH small claims:

• A contractor sues for unpaid work, but the work was defective and you paid for repairs
• A landlord sues for back rent, but they withheld your security deposit without justification
• A buyer sues over a product, but they still owe you a balance from the sale
• A business disputes your invoice, but they damaged equipment you provided

Filing Deadlines and Fees

Under District Division Rule 4.3(d), your counterclaim must be filed either with your initial response or no later than the return date on your notice. If you miss that window, you will need to file a motion showing good cause for the late filing — and the court may or may not grant it.

Filing fees for counterclaims:

• Claims up to $5,000: $105
• Claims from $5,001 to $10,000: $160
• Plus a 3% surcharge on all credit or debit card payments (per the Supreme Court order effective September 3, 2025)

You file the counterclaim through TurboCourt as part of your Response to Small Claim (Form NHJB-2830-De). The system walks you through adding the counterclaim details after you select your response options.

The $10,000 Cap

Small claims court in New Hampshire has a $10,000 jurisdictional limit under RSA 503:1. Your counterclaim cannot exceed this amount unless you explicitly waive recovery above $10,000 on the record. If you want to pursue the full amount without waiving the excess, the case must be transferred to the general civil docket of the District Division or Superior Court.

One tactical note: the plaintiff does not need to file a written response to your counterclaim. Under Rule 4.3(e), the plaintiff's denial is automatic — the court treats the counterclaim allegations as denied unless the plaintiff says otherwise. And if your counterclaim exceeds $1,500, the plaintiff gains the right to request a jury trial within 14 calendar days of the filing.

What Happens at the Hearing

Both the original claim and your counterclaim are heard together at trial. The judge weighs the evidence on both sides and can enter judgment for either party — or split the difference. If the plaintiff owes you more than you owe them, the net judgment goes in your favor.

The Responding to a Small Claims Case in New Hampshire guide includes a response-route decision checklist that helps you evaluate whether a counterclaim, a straight dispute, or a partial admission is the strongest option for your situation.

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