New Hampshire Small Claims Default Judgment

Missing your response deadline in a New Hampshire small claims case does not just delay things. It can end the case entirely — in the plaintiff's favor, without the judge ever hearing a word from you. That is what a default judgment does, and it is one of the most common ways defendants lose cases they might have won.

How Default Judgment Works in NH Small Claims

When you fail to file a Response to Small Claim (Form NHJB-2830-De) through TurboCourt by your deadline, the court places you in default under District Division Rule 4.3. But default judgment does not happen automatically the moment the clock runs out.

The plaintiff must first file two things:

1. A verified Military Service Statement confirming you are not on active military duty (required by the Servicemembers Civil Relief Act)
2. Supporting proof of the damages they claim

Once the court receives both, it can enter judgment for the full amount the plaintiff requested — plus post-judgment interest at 10% per year under RSA 524:1-a.

Default also happens if you file your response on time but then fail to show up at the mandatory pre-trial hearing or the trial itself. Under Rule 4.4(b) and Rule 4.6(c), the court enters judgment for the plaintiff when the defendant does not appear.

Filing a Motion to Strike Default

New Hampshire does not use the federal-style "Motion to Vacate" that you may have seen in other states. Instead, defendants must file a Motion to Strike Default under Circuit Court District Division Rule 3.42.

This motion requires:

• A written request asking the court to strike the default
• A sworn Affidavit of Defense that sets out the specific facts and legal grounds supporting your defense
• A request for a stay of execution if you want to stop the plaintiff from collecting while the court considers your motion

The affidavit is the critical piece. Telling the court "I have a valid defense" or "I never received the papers" without specifics is not enough. You need to explain what actually happened and the legal grounds for your defense. Rule 3.42 permits the court to strike a default by written agreement or court order upon such terms as justice may require; conclusory assertions are insufficient.

Filing this motion does not automatically pause enforcement. If you do not ask for a stay and the court does not grant one on its own, the plaintiff can begin collection while your motion is pending.

The 10-Day Reconsideration Window

If the court has already entered a final judgment (not just a default notation), you have a separate option: filing a Motion for Reconsideration under Rule 4.8 within 10 calendar days of the date on the clerk's written notice of the decision. This motion must identify specific points of law or fact the court overlooked.

Like the Motion to Strike Default, filing a Motion for Reconsideration does not automatically stay enforcement. You need to request a stay separately.

How to Avoid Default in the First Place

The simplest protection is filing your response before the deadline, even if it is bare-bones. A response that says "I dispute the full amount and request a hearing" is enough to keep the case alive and get you in front of a judge. You can build your defense after filing.

If you genuinely need more time, file a Motion for Extension of Time through TurboCourt before your deadline expires. Explain the reason — the court may grant it, but it is not guaranteed.

The Responding to a Small Claims Case in New Hampshire guide covers each of these scenarios in detail, including what to include in a Motion to Strike Default and how to calculate your exact response deadline so you never cut it close.

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