Suing for an Unpaid Invoice in New Hampshire Small Claims Court

When Small Claims Court Makes Sense for an Unpaid Invoice

If a client or customer owes you $10,000 or less and refuses to pay, New Hampshire small claims court is the fastest, cheapest option for recovery. The filing fee is $125 for invoices up to $5,000 or $180 for higher amounts — a fraction of what a collections attorney charges, and you handle it yourself.

The three-year statute of limitations for breach of contract under RSA 508:4 applies to most service invoices. For sales of goods under the UCC, you have four years. Either way, file sooner rather than later — memories fade, businesses close, and debtors move.

Naming the Right Defendant

Getting the defendant's legal name right matters more than most business owners realize. If your client is an individual, name them personally. If they are an LLC or corporation, search the New Hampshire Secretary of State QuickStart database for the exact registered name and registered agent address.

Suing a trade name alone — "Dave's Landscaping" instead of "David Smith d/b/a Dave's Landscaping" or "Dave's Landscaping LLC" — can result in an unenforceable judgment. If you are unsure, verify the business's legal name and ownership through the New Hampshire Secretary of State before filing.

The LLC Filing Requirement

If you are suing as a sole proprietor under your own name, file as an individual. If a non-attorney represents your LLC, corporation, or partnership, RSA 503:11 requires additional filings:

• Form NHJB-2936-De (Authorization for Representation) with a member authorization or board resolution attached
• Rule 1.3D Statement (Form NHJB-2804-De) confirming your authority to bind the entity

Upload both through TurboCourt with your complaint. Without them, the clerk may reject or dismiss a filing in which a non-attorney represents the entity.

Preparing Your Claim

Your demand letter should reference the specific invoice(s), the date work was completed or goods delivered, the contract or agreement terms, and a 10-to-14-day payment deadline. Send it certified mail, return receipt requested.

For the hearing, organize:

• The signed contract, proposal, or written agreement
• Each unpaid invoice with dates and amounts
• Proof of work completed (delivery receipts, project files, photos, client sign-offs)
• The demand letter and certified mail tracking
• Any communications where the client acknowledged the debt or disputed specific items

Itemize your claim clearly in the TurboCourt complaint: principal amount, any contractual late fees or interest, and filing costs you want recovered.

The Process After Filing

The court serves the defendant by first-class mail. If the defendant is a business, the mail goes to the registered agent's address. Once served, the defendant has until the return date to respond or file a counterclaim.

Claims over $5,000 go through mandatory mediation before trial. Many invoice disputes settle at mediation when the debtor sees the organized evidence and realizes contesting it will cost more than paying.

If you win and the debtor still refuses to pay, you can file a Writ of Execution ($40) to levy business bank accounts or record a judgment lien against their property. For judgments entered in 2026, the annual simple interest rate is 5.7%; interest accrues from the filing date through judgment and continues after judgment until paid.

Get the Complete Filing Toolkit

Our New Hampshire Small Claims Filing Guide covers every step from the demand letter through post-judgment collection, with worksheets to track service, organize evidence, and calculate deadlines.

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