CHAPTER 242
SB 438 – FINAL VERSION
03/17/10 0965s
28Apr2010… 1489h
2010 SESSION
09/04
SENATE BILL 438
AN ACT relative to procedures in small claims actions.
SPONSORS: Sen. Reynolds, Dist 2; Sen. Lasky, Dist 13; Sen. Letourneau, Dist 19; Sen. Roberge, Dist 9; Rep. Cote, Hills 23
AMENDED ANALYSIS
This bill requires the defendant to pay the fee to transfer a small claims action to the superior court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/10 0965s
28Apr2010… 1489h
10-2865
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to procedures in small claims actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
242:1 Litigation of Small Claims; Small Claims Defined. Amend RSA 503:1, III to read as follows:
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 RSA 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.
242:2 Litigation of Small Claims; Notice to Defendant. Amend RSA 503:6 to read as follows:
503:6 Notice to Defendant.
I. The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending a written statement to the defendant by postpaid first class mail, addressed to the defendant at the defendant's last known post office address and directing the defendant to indicate, in writing within 30 days from the date said notice is mailed, the defendant's desire to be heard. [The notice shall inform the defendant that failure to respond in writing shall result in the service of the claim on the defendant by the sheriff, or in such other manner as the court shall order, the cost of which shall be the responsibility of the defendant if the plaintiff prevails.] If a small claim action includes a petition for prejudgment attachment, the claim shall be served on the defendant as in all other actions at law.
II. If the defendant fails to respond to the notice and the notice is not returned as undelivered, a default judgment will be entered in favor of the plaintiff, who shall be notified by the court.
III. If the notice is returned as undelivered, [or the defendant does not respond in writing within 30 days,] then the court shall direct the plaintiff to complete service on the defendant, at the expense of the plaintiff, as in all other actions at law.
[III.] IV. If the defendant responds to the notice indicating a desire to be heard, the case shall be scheduled for hearing shortly thereafter. Both parties shall be notified by mail of the date and time of the hearing at least 14 days in advance of the hearing.
[IV.] V. If a small claim action includes a petition for prejudgment attachment and the defendant objects to the making of the attachment, the court shall set a hearing on such objection within 14 days of the receipt of such objection in accordance with RSA 511-A:3.
242:3 Applicability. This act shall apply to small claims actions filed on or after July 1, 2010.
242:4 Effective Date. This act shall take effect July 1, 2010.
Approved: July 1, 2010
Effective Date: July 1, 2010