Small Claims Court in Rockingham County

In Rockingham County, NH small claims cases are typically filed in the District Superior Court. Rockingham County has one Superior Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Rockingham Court System.

Small Claims Court

Small claims court is a quick and straightforward way for people to present their case in front of a judge. It's where someone can explain why they believe another person or business owes them money. The process is guided by RSA Chapter 503, and if you're filing or defending a claim, it's helpful to understand the District Court Rules as well. While there is a section specifically for small claims, other parts of the rules may also apply to your case.

• Claim Limit: You can sue for up to $10,000 for money owed or damages caused in small claims court.
• Mediation: Claims over $5,000 require mandatory mediation. Visit the Judicial Branch website for more details.
• Jury Trial: If the claim is over $1,500, the defendant has the right to request a jury trial. The defendant must:
  • Submit a written request within five business days of the claim being filed, unless more time is granted by the court for good cause.
  • If requested, the case will be transferred to the Superior Court for the jury trial.
• Lawyer Representation: While not required, you can hire a lawyer if you choose to be represented in small claims court.
• Evidence: Judges have flexibility in deciding what evidence to consider, as strict rules of evidence do not apply in small claims court.
• Real Estate Claims: If the case involves determining ownership of real estate, it must be filed in Superior Court, not small claims court.
• Example: Lois Dandy lost a $10,500 deposit on a house. She could sue in small claims court for up to $10,000 (the maximum amount allowed), which is easier and less expensive than going to Superior Court with a lawyer.

Cases Handled

Small Claims Court is designed to handle everyday disputes quickly and affordably. Some common issues that people bring to this court include:

• Tenant-Landlord Disputes: Problems like security deposits or unpaid rent.
• Personal Injury Claims: Cases involving minor injuries.
• Stolen Property: Claims to recover the value of lost or stolen items.
• Damaged Property: For example, damage to a car, home, or personal belongings.
• Debt Collection: Efforts to recover unpaid debts.
• Auto Repair Disputes: Disagreements over repair costs or poor workmanship.
• Poor Construction Work: Problems with contractors or construction projects.
• Defective Products: Claims for faulty or unsafe items.
• Breach of Contract: Disputes over written or verbal agreements.

This court provides an accessible way for people to resolve these issues without the complexity of a traditional trial.

Preparing a Small Claim

• Where to File: You can file your claim in the district court:
  • Where you (the plaintiff) live,
  • Where the defendant lives, or
  • Where the legal issue occurred.
• Filing the Claim:
  • File your claim with the district or municipal court clerk.
  • District courts are typically open Monday to Friday, 8:00 a.m. to 4:30 p.m. (call ahead to confirm the hours).
• What You Need to File:
  • A statement called a "complaint", which includes:
    • The amount in dispute,
    • The defendant's name and address.
  • An application fee of approximately $60.
• Defendant's Response:
  • The court will send a notice to the defendant, instructing them to respond within 30 days and request a hearing if desired.
  • The hearing will be scheduled at least 14 days after the defendant responds.
• Notice Requirements:
  • Before appearing in court, ensure you have a return receipt showing the defendant received the notice at least 14 days before the hearing.
• Settling the Dispute:
  • Even after filing, you and the defendant can attempt to settle the dispute.
  • If you settle, notify the court clerk as a courtesy.
  • Find out if the clerk requires additional documents to close the case after a settlement.

Mediation Process

• What is Mediation?
  • In mediation, you and the opposing side meet with a neutral, professional mediator. The mediator helps facilitate a discussion and guides you toward finding a solution in a confidential setting. Unlike a judge or arbitrator, the mediator doesn't decide the outcome but helps both parties reach a mutually agreeable solution.
• Your Role in Mediation:
  • In mediation, you have control over the process. You can discuss the issues that matter most to you, and the mediator will help you communicate effectively with the other side.
• Agreement Outcome:
  • If you reach an agreement, the mediator will document the agreement and present it to a judge. If the judge approves it, it will become a court order.
• If No Agreement is Reached:
  • If mediation doesn’t result in an agreement, the case may be scheduled for a court hearing.
  • Any conversations during mediation are confidential, so nothing discussed can be used in the court hearing.
• Interested in Mediation?
  • If you're interested in mediation, select your case type in the navigation bar to find information about costs and how to start the process.

Hearing

• Day of the Hearing: On the hearing day, both parties appear in court to present their case to the judge.
• Documents and Evidence:
  • Both you and the defendant must provide all relevant documents and correspondence, such as:
    • Warranties, receipts, leases, written communications, etc.
  • Any witnesses who can testify about the dispute should be present in court.
• Judge's Decision:
  • Based on the statements of the witnesses and the evidence presented, the judge will issue a judgment in favor of one party.
  • (For an example of how small claims court works, think of shows like "The People's Court.")
• If the Defendant Doesn’t Appear:
  • If the defendant fails to show up despite receiving proper notice, the plaintiff is typically entitled to a judgment in their favor.
• Counterclaims:
  • If the defendant has a claim against the plaintiff from the same transaction, they can raise it in court during the hearing.
• Court Costs:
  • If the plaintiff wins, the judge may award court costs to the plaintiff.
  • However, the prevailing defendant may not automatically receive court costs.
• Finality of Findings:
  • The judge's findings of fact are final, but questions of law can be appealed to the supreme court, just like in superior court cases.

Points to Remember

• Eligibility: In New Hampshire, disputes involving less than $10,000 (and not involving real estate) can be resolved in small claims court.
• Filing the Claim:
  • You file your small claim with the district or municipal court clerk.
  • Additional filing fees may apply if multiple parties are involved.
• Pre-Court Actions:
  • Before going to court, try to collect what’s owed to you independently.
  • Sending a written notice to the other party might be enough to encourage settlement.
  • Showing the judge that you made a reasonable effort to resolve the issue may help your case.
• Prepare Your Case:
  • Organize all relevant documents (e.g., warranties, canceled checks, receipts, leases, written requests for payment).
  • Make sure all the facts of your case are clear and well-documented before the court date.
• Witnesses:
  • If you have witnesses, notify them well in advance of the hearing so they can attend.
  • While witnesses aren’t required, they can strengthen your case.
  • One or two key witnesses are usually enough, so make sure they’re well-prepared to give brief, complete testimony.
• Presentation:
  • Take time to plan how you will present your case in court.
  • Write down the order in which you’ll state the facts to avoid rambling.
  • Be organized and brief, but tell the full story—seemingly small details might help the judge make a decision.
• Advantages and Disadvantages:
  • Small Claims Court offers both benefits and drawbacks for consumers, so weigh these before filing.

Advantages

• No Lawyers Required: In New Hampshire's small claims court, lawyers are not necessary, and formal rules of evidence don’t apply. This keeps costs low and allows consumers to represent themselves.
• Simplicity: The process is straightforward, with minimal legal jargon and forms. To start your case, you only need to fill out a simple form explaining the issue and identifying the parties involved.
• Speed: One of the biggest advantages is quick decision-making. Most cases are heard within one to two months, and judges typically deliver a decision within a few days after the hearing.

Disadvantages

• Court Hours: Small claims courts only operate during normal business hours, which may require individuals to take time off work to attend hearings.
• Comfort Level: Some people may feel nervous or uncomfortable standing in front of a judge. However, small claims court are designed to be user-friendly, even for those without legal experience. The judge will speak in plain language and ask questions to understand your case.
• Payment Issues: Winning your case doesn’t always mean you will be paid immediately. If the defendant does not pay the judgment right away or fails to make the required payments, the court can issue an "execution of judgment". This allows a sheriff or marshal to collect the judgment for a small fee, including taking cash or property if necessary.

Enforcing Judgment

• Immediate Payment: Once a judge rules in the plaintiff's favor, the defendant may pay immediately. However, if the defendant claims they don’t have enough funds to settle the claim, the judge may order payment in installments.
• Enforcing Payment:
  • If the defendant refuses to pay or tries to delay, you can ask the sheriff or a sheriff's office member about enforcing the judgment.
  • One method of enforcement is attachment, where the court allows the sheriff to sell the defendant’s property to satisfy the judgment.
  • Keep in mind that attachment procedures vary by county, so consulting an attorney may be helpful.
• Satisfaction with the Process:
  • Regardless of whether you collect the payment, most people who have sued in small claims court feel satisfied. The process of presenting their case and having their grievances heard often gives people a sense of closure, whether they win or lose legally.

Courthouse Location:

Rockingham Superior Court

Rockingham County Courthouse
10 Route 125
Brentwood, NH 03833
1-855-212-1234

Mailing Address:
P.O. Box 1258, Kingston
NH 03848-1258
https://www.courts.nh.gov/your-visit/find-court/rockingham-superior-court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

CITIES SERVES

• Derry
• Salem
• Londonderry
• Portsmouth
• Hampton
• Exeter
• Windham
• Raymond
• Newmarket
• Hampstead
• Seabrook
• Plaistow
• Stratham
• Epping
• Atkinson
• Sandown
• Kingston
• Auburn
• Rye
• Nottingham
• Chester
• Deerfield
• Fremont
• Newton
• Brentwood
• Northwood
• Danville
• North Hampton
• Candia
• Greenland
• East Kingston
• Hampton Falls
• Kensington
• Newfields

Let Squabble Help You With Your Small Claim at Rockingham County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Rockingham County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.