Writ of Execution in New Hampshire Small Claims

Three Tools for Collecting a Judgment

After you win in New Hampshire small claims court, the debtor has a judgment against them — but nobody forces them to write a check. If they do not pay voluntarily, you have three main enforcement mechanisms: a Motion for Periodic Payments, a Writ of Execution, and a judgment lien. Each works differently and targets different assets.

Motion for Periodic Payments ($25)

This is usually the first step. You file a Motion for Periodic Payments through the court, paying a $25 fee. The court issues an Order of Notice commanding the debtor to appear for a payment hearing.

At the hearing, the debtor must fill out Form NHJB-2004-De (Statement of Assets and Liabilities). This is a sworn financial disclosure: income, bank accounts, real property, vehicles, debts. The judge reviews it and sets a payment schedule — weekly, biweekly, or monthly installments based on what the debtor can actually afford.

The real leverage here is compulsory attendance. If the debtor is properly served and does not show up, the court can issue an Order of Arrest to compel the debtor's appearance at the payment hearing.

You can re-file this motion if the debtor falls behind on payments or if their financial situation changes.

Writ of Execution ($40)

A Writ of Execution is the forced-collection tool. You request one from the court for $40, and it authorizes the county sheriff to seize the debtor's non-exempt property to satisfy the judgment.

The sheriff can:

• Levy bank accounts — serve the writ on the debtor's bank, which freezes and turns over funds up to the judgment amount
• Seize personal property — take possession of vehicles, equipment, or other tangible assets that can be sold at auction
• Attach business assets — for a debtor operating a business, the sheriff can reach certain business property

Sheriff execution fees are separate from the $40 court fee and vary by county. They depend on travel distance, the number of attempts, and what the sheriff has to do at the location.

Not all property is reachable. New Hampshire exempts certain items from execution, including a portion of the debtor's wages, necessary household furniture and goods, and professional tools of the trade. For small-claims post-judgment attachments and execution, see RSA Chapters 511, 528, and 529; bank-account trustee process is governed by RSA Chapter 512.

Judgment Lien (Registry of Deeds)

If the debtor owns real property in New Hampshire, you can file a judgment lien at the county Registry of Deeds. Under RSA 524:13, record a certified copy of the judgment with the required affidavit in the county where the property is located, and mail a copy of the documents to the debtor. The lien attaches to the debtor's real estate in that county and remains in effect unless satisfied, discharged, or otherwise removed or altered.

A judgment lien does not force a sale of the property. It encumbers the real estate while it remains in effect, which can complicate a sale or refinance — title companies flag outstanding liens during closings, and most buyers and lenders will not proceed with one on the title.

Recording fees are set by the county. The lien remains in force for as long as a suit may be maintained on the judgment — 20 years under RSA 508:5 — and may be recorded or re-recorded during that period under RSA 524:13.

Interest Keeps Accruing

While you pursue collection, statutory interest accrues on the judgment at the rate set by the State Treasurer for that calendar year. The 2026 rate is 5.7%. Interest runs from the date the lawsuit was filed through the date the judgment is fully satisfied.

On a $10,000 judgment, that is $570 per year — a real incentive for the debtor to settle sooner rather than later.

Choosing the Right Tool

Use a Motion for Periodic Payments when you do not know what the debtor has — the forced disclosure is the point. Use a Writ of Execution when you know the debtor has a bank account or attachable property. Use a judgment lien when the debtor owns real estate and you are willing to wait for a sale or refinance.

In practice, creditors often stack these. File the Motion for Periodic Payments to learn what the debtor has, then use that information to target a Writ of Execution or judgment lien.

Our New Hampshire small claims guide includes a Post-Judgment Timeline Calendar that tracks each enforcement step and its deadlines, so you can pursue collection systematically instead of guessing at the next move.

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