by Bruce L. Dorner
Have you ever had one of those bad days where the powers of nature were against you? Did you ever get so frustrated with the delays in getting work done at your house that you were ready to sue the bum who didn’t show up? How about the mechanic who didn’t fix your car after the fourth trip? What about the guy who scraped your car at the mall and told you he’d pay to have it fixed? Well, for those claims where hiring an attorney is probably too expensive, you can get assistance from the court.
New Hampshire has a very good small claims procedure in the District Court, which, for our area is located in downtown Derry. For those who care to read the law, you’ll find it at Chapter 503 of the New Hampshire Revised Statutes Annotated. Before you dash down to the courthouse expecting to dazzle your opponent, you should know a few of the basic rules.
First, the claim cannot be for an amount above $5,000.00, exclusive of interest and costs. Also, it cannot involve a question about title to real estate. Generally, at least one of the parties must live in the district served by the local court.
Second, if the amount in dispute is $1,500.00 or more, either party has a right to a jury trial upon prompt request. However, if a jury trial is requested, the case will be transferred to Superior Court, and the procedures are significantly more formal. In our area the Superior Court is in Brentwood. Also, there is an added fee to move the case to Superior Court.
Third, to start a small claim action, the District Court will provide you with a form. You must complete this form and clearly identify the parties to the claim, including the residence address of each party. The form also requires that you specify why you are making this claim. This is the space where you briefly tell your story and detail how much you are owed. As with all law suits, there is a filing fee which must be paid.
Fourth, after you pay the fee and fill out the form detailing your claim, it needs to be sent by certified mail, return receipt requested, to the person or persons you are suing (defendants.) The notice will include a date and time for a trial to be held at the District Court. If the defendant does not pick up the certified letter, there are other methods of delivery which the court may order.
Fifth, at the hearing, the technical rules of evidence do not apply. You will be given an opportunity to tell your story and to call witnesses and present your evidence. The judge has significant discretion to determine what is relevant and helpful to understand the position of each party and to make a decision based upon the evidence presented In most cases, the judge will not make a decision while you are in court, but will, instead, send it to both parties by mail. If the judge rules in your favor, he may order payment to be made in full or in installments. If the defendant does not show up, the court will award judgment to the plaintiff, but will still require that you prove the amount of your claim.
There are many other twists and turns in the small claims procedure. This is intended only as a brief summary of the highlights. Next time you decide to take legal action, remember, there is a procedure to help you in New Hampshire!
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.