Can You Garnish Wages in New Hampshire After Small Claims?

New Hampshire Does Not Allow Standard Wage Garnishment

If you won a small claims judgment and searched for "wage garnishment forms" for New Hampshire, you hit a dead end — because those forms do not exist. New Hampshire is one of the few states where standard post-judgment wage garnishment against an employer is legally unavailable for ordinary civil debts.

Under RSA 512:21, wages earned by a debtor after a trustee process writ is served on their employer are explicitly exempt. Wages earned before service are also exempt, with narrow exceptions limited to court-ordered child support (RSA 458-B), state tax obligations, and unemployment overpayment recoveries. A small claims judgment does not qualify for any of those exceptions.

How New Hampshire Handles Earnings Enforcement Instead

Rather than ordering an employer to withhold a percentage of paychecks, New Hampshire uses a Motion for Periodic Payments under RSA 524:6-a. This motion asks the court to order the debtor directly to make recurring installment payments to you.

Here is how the process works:

1. File the motion — Submit Form NHJB-2364-DPe through TurboCourt with a $25 filing fee.
2. Serve the debtor — The Order of Notice must be served by county sheriff in-hand or by certified mail with restricted delivery and return receipt.
3. Attend the hearing — The debtor must appear and submit a sworn Statement of Assets and Liabilities (Form NHJB-2328-DFPe). The court examines their income, expenses, and assets under oath.
4. Court sets the payment schedule — The judge evaluates the debtor's net earnings, reasonable living expenses, and statutory exemptions, then orders a weekly or monthly payment amount.

The court cannot order payments from income that consists entirely of exempt sources like Social Security disability or public assistance. Tax-qualified retirement income is protected up to 50 times the federal minimum wage per week under RSA 524:6-a, II.

What Happens If the Debtor Stops Paying

When a debtor defaults on a court-ordered payment schedule, you file an Affidavit of Noncompliance (Form NHJB-2423-DP). There is no filing fee for a contempt motion. The court schedules a show cause hearing, and if the judge finds the non-payment was willful, the debtor can be held in civil contempt — which may include an arrest warrant.

Other Enforcement Tools Beyond Earnings

Since you cannot garnish wages, your options for reaching the debtor's money include:

• Bank account attachment — A Writ of Trustee Process under RSA 512 lets you freeze non-exempt funds in the debtor's bank accounts ($40 filing fee).
• Property seizure — A Writ of Execution under RSA 527 authorizes the sheriff to levy on the debtor's non-exempt personal property ($40 filing fee).
• Real estate lien — Recording a certified judgment at the county Registry of Deeds creates a lien against the debtor's property, subject to the $400,000 homestead exemption.

For a complete walkthrough of every enforcement tool available in New Hampshire — including the exact forms, fees, and step-by-step procedures for each — see our Collecting a Small Claims Judgment in New Hampshire guide.

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