New Hampshire Small Claims Fee Waiver: How to Apply

A Higher Bar Than Regular Civil Cases

Fee waivers in New Hampshire small claims court are harder to get than in other court divisions. Under District Division Rule 4.1(a)(3) and Rule 3.3, a filing fee waiver requires proof of "extraordinary circumstances" — not just low income.

Indigency can qualify a litigant for a fee waiver in general civil actions, but indigency alone does not automatically qualify a small-claims filer. You need to show extraordinary circumstances.

What Extraordinary Circumstances Means

The rules do not provide a checklist of qualifying circumstances. Submit itemized proof of income, assets, and liabilities, and explain the specific hardship that you believe amounts to extraordinary circumstances. Low income alone does not automatically justify a waiver.

How to Apply

File an electronic Motion to Waive Filing Fee through TurboCourt. You will need to provide:

• Current income documentation (pay stubs, benefit statements, tax returns)
• A list of monthly expenses
• Asset disclosure (bank account balances, property, vehicles)
• A statement explaining the specific circumstances that make the fee a barrier

The motion is reviewed by a judge or magistrate. If granted, you receive a written order waiving the entry fee. If denied, you must pay the standard filing fee to proceed.

What a Waiver Covers — and What It Does Not

Even when granted, a fee waiver only covers the court entry fee ($125 or $180). It does not eliminate:

• Sheriff service fees if personal service is needed after mail comes back undeliverable
• Registry of Deeds recording fees if you file a judgment lien
• Electronic payment processing surcharges
• Witness fees ($12 per half-day plus mileage) if you subpoena someone
• Writ of Execution fees ($40) or Motion for Periodic Payments fees ($25) post-judgment

These third-party and post-judgment costs remain the filer's responsibility regardless of waiver status.

If the Waiver Is Denied

You pay the standard filing fee and proceed. The denial does not prevent you from filing — it just means you owe the entry fee.

If the filing fee is genuinely prohibitive, consider whether the claim amount justifies the cost. A $125 fee on a $500 claim is 25% of the recovery. A $125 fee on a $5,000 claim is 2.5%. The economics shift significantly by claim size.

Free legal assistance through 603 Legal Aid (1-603-224-3333) can help you evaluate whether filing makes financial sense and may assist with the fee waiver application. Intake hours are Monday through Wednesday, 9:00 AM to 12:30 PM.

Plan the Full Cost Before Filing

Our New Hampshire small claims filing guide includes a cost worksheet that estimates total expenses — entry fees, service costs, enforcement costs — so you can see the full picture before deciding whether to file.

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