New Hampshire Revised Statutes 503:1 – Small Claim Defined
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I. A small claim is any right of action not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed $10,000.
II. Any person may file a small claims action as provided in this chapter, unless trial by jury is claimed by the plaintiff when the debt or damages exceed $1,500 or when the defendant claims trial by jury as provided in paragraph III.
III. When the debt or damages claimed exceed $1,500, a defendant may claim trial by jury by filing a written request within 5 business days of the filing of the application and statement of the claim under N.H. Rev. Stat. § 503:3 or within such additional time as the municipal or district court may for good cause allow. If such a request is filed, the case shall be transferred at once to the superior court in the county in which the town or district is located and heard and tried as if originally entered in the superior court. The original entry fee shall be paid by the plaintiff, but is recoverable as a cost if the plaintiff prevails. The small claims transfer fee shall be paid by the defendant, but is recoverable as a cost if the defendant prevails.
IV. When the amount of debt or damages exceeds $5,000 and no claim is made for trial by jury under paragraph III, the parties to the action shall be required to participate in a mediation program in the district courts approved by the office of mediation and arbitration established under RSA 490-E. If mediation of such action does not result in resolution of the action, the case shall be presented to the judge under oath.
II. Any person may file a small claims action as provided in this chapter, unless trial by jury is claimed by the plaintiff when the debt or damages exceed $1,500 or when the defendant claims trial by jury as provided in paragraph III.
Terms Used In New Hampshire Revised Statutes 503:1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plaintiff: The person who files the complaint in a civil lawsuit.
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. When the debt or damages claimed exceed $1,500, a defendant may claim trial by jury by filing a written request within 5 business days of the filing of the application and statement of the claim under N.H. Rev. Stat. § 503:3 or within such additional time as the municipal or district court may for good cause allow. If such a request is filed, the case shall be transferred at once to the superior court in the county in which the town or district is located and heard and tried as if originally entered in the superior court. The original entry fee shall be paid by the plaintiff, but is recoverable as a cost if the plaintiff prevails. The small claims transfer fee shall be paid by the defendant, but is recoverable as a cost if the defendant prevails.
IV. When the amount of debt or damages exceeds $5,000 and no claim is made for trial by jury under paragraph III, the parties to the action shall be required to participate in a mediation program in the district courts approved by the office of mediation and arbitration established under RSA 490-E. If mediation of such action does not result in resolution of the action, the case shall be presented to the judge under oath.