New Hampshire Small Claims Court Defendant Rights

Getting served with a small claims complaint in New Hampshire can feel like the other side already has the upper hand. They chose the court, they wrote the complaint, and they set the timeline. But defendants in NH small claims have real procedural rights, and knowing them changes how the case plays out.

Your Right to Respond and Be Heard

The most fundamental right is the right to dispute the claim and get a hearing. When you file a Response to Small Claim (Form NHJB-2830-De) through TurboCourt, you can deny the allegations entirely, admit part of the amount, or admit everything. If you dispute any portion, the court must schedule a pre-trial hearing before entering judgment.

Filing a dispute response costs nothing. There is no fee for the defendant to answer a small claims complaint or request a hearing in New Hampshire.

Your Right to File a Counterclaim

If the plaintiff owes you money from the same dispute, you can assert a counterclaim for up to $10,000. The counterclaim is filed with your response through TurboCourt. Filing fees are $105 for claims up to $5,000 and $160 for claims between $5,001 and $10,000, plus a 3% card surcharge. Both the original claim and your counterclaim are decided together at trial.

Your Right to Request a Jury Trial

Under RSA 503:1, III, if the amount claimed exceeds $1,500, you have a statutory right to demand a jury trial. This transfers the case from the District Division to the county Superior Court, where formal rules of evidence and civil procedure apply. The requesting party pays a $145 transfer fee. This election must be made on your response form before the return date.

This is a significant tactical decision. Superior Court proceedings are more formal, take longer, and apply stricter evidentiary rules. For some disputes — especially those involving complex contract terms or large amounts near the $10,000 cap — a jury trial may work in your favor. For smaller, straightforward cases, the informal small claims process is usually faster and simpler.

Protections Against Default Judgment

The court cannot enter a default judgment against you the moment your deadline passes. Under Rule 4.3(c), the plaintiff must first file a verified Military Service Statement and proof of damages. This requirement exists because of the Servicemembers Civil Relief Act, which protects active-duty military members from judgments entered while they are unable to respond.

If a default judgment is entered against you, you can seek to reverse it by filing a Motion to Strike Default under Rule 3.42, accompanied by a sworn Affidavit of Defense. The motion must lay out the facts of your defense with specificity.

Your Right to Mediation and Settlement

For claims over $5,000, mediation is mandatory under RSA 503:9 — both sides must participate in a mediation session before trial. For claims at or under $5,000, mediation is voluntary but available. Any settlement reached through mediation must be put in writing and filed with the court; it becomes an enforceable court order once executed by the parties and approved by the court. You cannot be forced to accept a settlement you do not agree to.

Even outside mediation, you have the right to negotiate directly with the plaintiff at any time. But a private agreement only becomes a court order once it is filed and approved by the judge.

After the Decision

If you lose, you have two avenues for review. A Motion for Reconsideration must be filed within 10 calendar days of the clerk's written notice of the decision, identifying specific errors of law or fact. An appeal to the New Hampshire Supreme Court must be filed within 30 calendar days of the rendition of judgment or notice of judgment, whichever is later, and is limited to questions of law — no new evidence or testimony.

Post-judgment interest accrues at 10% per year under RSA 524:1-a. If you cannot pay the full amount immediately, the court can order periodic payments after a hearing on your financial situation.

The Responding to a Small Claims Case in New Hampshire guide covers every one of these rights in detail, with worksheets and checklists to help you exercise them effectively.

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