George Simons | June 28, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you've been sued for debt in New Hampshire, you have 30 days to respond to the lawsuit before you could potentially lose by default judgment. In order to respond, you must file an Answer document where you address each claim against you and assert your affirmative defense. SoloSuit can help you draft and file an Answer in a matter of minutes.
It can be pretty stressful to find out you're being sued by a debt collection agency in New Hampshire.
Chances are if you are behind on repaying a debt that you're already working as hard as you can to make ends meet and cover your expenses so there's no extra money to hire legal assistance. You might feel intimidated about responding on your own and tempted to just ignore the whole thing, but if you do you'll end up in an even worse financial circumstance.
Both SoloSuit and the information in this article can make the process of responding to a lawsuit a little less scary by going over each step for responding to a debt collection lawsuit in New Hampshire. Below we will include New Hampshire specific deadlines and forms to make drafting and filing your response more easily.
Sued for debt in New Hampshire? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.Sued for debt? Settle your debt before going to court with the help of SoloSettle.
In New Hampshire, the deadline for responding to a debt collection lawsuit is 30 days.
More specifically, New Hampshire Rules of Civil Procedure Rule 4(e) states:
"Appearances and Answers are due within 30 days of the date the defendant is served with the Summons and Complaint."
So, if you do not respond to your debt lawsuit within 30 days in New Hampshire, then you will lose the case by inaction. The Court will issue something called a default judgment, which means that the plaintiff (the debt collection agency who filed the lawsuit) wins the case and you have no more opportunity to refute any of the allegations in the Complaint (such as whether you owe the debt or the amount.)
The next step in New Hampshire is to require a payment plan hearing (by filing a Motion for Periodic Payments) in court to determine the repayment schedule. If you did not respond within the 30 day timeframe you won't be able to contest the amount owed or anything else at that hearing.
By filing your response before the deadline runs out, you are preserving all of your rights in this matter, and have the best chance to make any arguments if this isn't your debt or the amount is unreasonable.
You can use the SoloSuit Answer form to generate your response, or you can do it on your own using the forms below.
The New Hampshire court system provides online forms so that you can fill in the required information in your response, already in the proper format. The response forms are different depending on which court you are being sued in. Any debt collection lawsuit will be in either the Circuit Court District Division (civil claims up to $25,000) or Small Claims Court (value up to $5,000.) Use the Summons and Complaint to determine which court you are in, then use the corresponding form below:
New Hampshire Circuit Court Answer Form
Response to Small Claims
If you decide to go with SoloSuit, we will take care of the work for you by creating your Answer and filing it on your behalf. All you will need to do is answer a few questions online. In addition, an attorney will review the completed Answer to verify that everything is in proper order.
Good news: there is no fee to file an Answer in New Hampshire. However, there may be filing fees for other types of documents, such as counterclaims.
You can find filing fee information here for the Circuit Court- Division District
The debt collection lawsuit against you begins when you are served the Summons and Complaint. In New Hampshire you have 30 days to respond by filing an Answer, which contains all of the relevant information from the Summons and Complaint, including the following:
SoloSuit can help you collect the information and format it for you
If you fail to respond within the 30 day period, you will lose the case if the court will file a default judgment against you and grant the plaintiff a Motion for periodic payments. To avoid this outcome and respond to a New Hampshire debt lawsuit, follow the three steps below:
Below, we'll break down each of these steps in detail. You can also watch this video to learn more:
When you get sued for debt in New Hampshire, you'll receive court documents known as the Summons and Complaint. The Summons notifies you of the lawsuit. The Complaint lists the specific claims against you.
In your Answer document, you should address each claim listed in the Complaint in corresponding order with one of the following three responses:
You can admit facts that are true, such as your name or account number. You should deny any allegations that are untrue, and if you don't have information to properly answer an allegation (such as plaintiff's debt collection agency is incorporated in X state) use the third option. There is also space for you to add an explanation or affirmative defense where appropriate. We will discuss affirmative defenses in detail later in this article.
Note that most attorney recommend denying as many claims as possible. This will force the creditor or debt collector suing you to prove their claims.
Respond to each claim in minutes with the help of SoloSuit.
The New Hampshire court system offers online forms to create your Answer document when you have been sued. At the top you should fill in the Court name, case name and case number. The Court will either be the Circuit Court District Division (for lawsuits up to $25,000) or Small Claims Court (for lawsuits up to $5,000.)
If you are being sued in District court you can use this fillable pdf form to create your Answer document. After you fill in the court information there is a checkbox for you to request a jury trial or bench trial. Most debt collection cases are simply before a judge (or bench trial.) Fill out your personal information, and then answer each numbered paragraph of allegations in the Complaint. The form allows for only answers to the first three numbered paragraphs so you will likely need to print out or copy additional pages to answer the entire Complaint.
If you are being sued in Small Claims Court (which should be clear again from your Summons and Complaint and the amount of debt) you can use this fillable pdf form for your Answer instead. Here again you fill out the court information at the top from the Summons and Complaint, followed by your personal information under “Defendant name” etc. Next you should check a box in Section A to indicate which option you intend to pursue:
You should then move on to Section B if you are pursuing any Counterclaims (more on this in the next section) or Section C if you are filing this on behalf of another person or entity.
SoloSuit makes it much easier to properly respond to each paragraph.
The next step in your Answer is typically to assert your affirmative defenses, if any.
Affirmative defenses are any reasons why this case against you is not valid. These affirmative defenses are all set forth in the New Hampshire Court Rules of Civil Procedure, and we will discuss a few of the most common below.
Common affirmative defenses:
Make the right defense the right way with SoloSuit.
Please note that if you are using the New Hampshire Answer form, you will be listing any affirmative defenses in the same numbered paragraph response as your response to the Complaint.
You also have the option to assert counterclaims if you believe that the plaintiff violated any debt collection laws in New Hampshire. There is a form available if you want to file a counterclaim, but please note that this can get very complicated very quickly. You may be best served by having legal assistance from an attorney in this area of law.
The final step is the most straightforward but surprisingly the most often missed. After you draft your response you need to make sure to file it with the Court to prove that you have responded within the allowed 30 day timeframe.
In New Hampshire, you can drop your Answer off at the court. Otherwise, you must file your documents electronically. SoloSuit has e-filed Answers into hundreds of New Hampshire cases and can help you navigate the process.
After filing with the court, be sure to send a copy of your Answer to the plaintiff's attorney. The attorney's contact information should be listed on the Summons and Complaint documents. You can mail this to the attorney, otherwise, the e-filing system can help you serve the plaintiff's attorney electronically at the same time of filing.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
You can request a debt settlement in New Hampshire whether you have just defaulted on an account or a debt collector is already suing you for missed payments. To settle, you must convince the creditor that you cannot afford the total amount and ask for leniency. If they accept, they forgive the balance, and you get a fresh start at rebuilding your credit.
To settle a debt that has gone to court, take the following steps.
Whenever someone sues you, they must inform you. Once you receive the court papers, you must respond to the Complaint letter accompanying the Summons. You have 30 days to file your Answer in New Hampshire. If you fail to respond, you risk losing the case without a chance to defend yourself. Use SoloSuit to generate a valid Answer in 15 minutes.
For every complaint, indicate whether you accept the charge, deny, or deny for lack of knowledge. Then, assert your affirmative defenses. Lastly, ensure you properly file your Answer in court. Some creditors give up when you file the Answer if they don't have a strong case. Even if the case proceeds to a hearing, responding to the accusations allows you to argue your case.
The first step is determining how much you can afford to pay. A 60% offer of the total balance can work. Some creditors may want a higher amount, but you can negotiate. Ensure your offer is enough to convince them to drop the lawsuit.
To determine a settlement amount to offer, evaluate your finances. Consider your monthly earnings, expenses, and any savings you have. You want to make an offer within the funds available so you do not default when payment is due. Most creditors prefer a one-time lump sum payment compared to repayment plans.
Once you know how much you can afford to settle, make an offer. Using written communication to contact your creditor is preferable. However, you can call to let them know your intentions for settling. If both parties consent, you may record the call for future reference.
Many consumers fear negotiating with creditors and debt collectors, but it can be easier if you are honest about your finances.
It is exciting when the creditor accepts your offer and agrees to get off your back. However, you need the agreement in writing before making the payment. Otherwise, your efforts to settle a debt in New Hampshire may be for nothing. Include the amount you have decided upon, the due date, and the payment method. The agreement should also contain the creditor's statement, releasing you from further claims on the debt and dropping any pending lawsuits.
The debt settlement agreement keeps a record of the agreement to prevent either party from not keeping their word.
To learn more about how to negotiate debt settlement, check out these helpful hints from a licensed attorney:
Being in debt in New Hampshire does not take away your rights. Therefore, debt collectors must dignify you and respect your time and privacy. The Fair Debt Collection Practices Act (FDCPA) barres debt collectors from the following practices:
You may want to research and compare these debt settlement companies available in New Hampshire to determine which suits you.
SoloSuit also offers debt settlement services through its tech-driven approach to debt settlement called SoloSettle. This software helps you negotiate with your creditor or debt collector without having to talk to them on the phone.
With SoloSettle, you can settle debts of any size. On the other hand, some debt settlement companies cannot work with you unless you have $15,000 or more in debt. These companies can get you deeper into debt by taking a passive role, hoping that the creditors make offers instead. Also, determining which debt settlement company is a scam and which one is genuine can be nerve-wracking.
State and federal laws protect consumers dealing with debt collection, and consumers can use these New Hampshire debt collection laws to protect themselves against unreasonable debt collectors.
The Unfair, Deceptive, or Unreasonable Collections Practices Act (UDUCPA) governs debt collection in New Hampshire. The law, N.H. Rev. Stat. § 358 protects consumers from abusive debt collectors, creditors, and repossession companies. This law applies to debts related to transactions, retail financing, automobile loans, mortgages, and credit cards.
The UDUCPA prohibits debt collectors from the following practices:
It also obligates the debt collector to:
New Hampshire also applies the federal Fair Debt Collection Practices Act (FDCPA). The law prohibits the use of misleading and deceptive representation when collecting debts. It works similarly to the UDCPA, except it does not usually apply to original creditors collecting their debts but to third-party debt collectors.
Consumers can seek compensation for every FDCPA regulation that a debt collector violates. They may claim up to $1,000 per violation by providing evidence of the breach. No proof of harm is necessary.
Last, but not least, the New Hampshire statute of limitations on debt is one of the strongest defenses a consumer can bring up in court if sued by a debt collector over an old debt. Below, we explain how the statute of limitations on debt works in New Hampshire.
The statute of limitations for debt collection in New Hampshire is typically three years. This means that the statute of limitations on credit card debt, student loan, auto loan, mortgage, and personal loan debt is three years in New Hampshire.
In other words, creditors and debt collectors only have three years to sue you, starting from the date of your last action on an account. If a creditor or collector tries to sue you for a debt that is past the statute of limitations, you can use this information as an affirmative defense in your Answer document. This will most likely lead to a dismissal of your case.
The table below further outlines the statute of limitations on different types of debt in New Hampshire:
Debt Type | Deadline |
---|---|
Credit Card | 3 years |
Medical | 3 years |
Student Loan | 3 years |
Auto Loan | 3 years |
Mortgage | 3 years |
Personal Loan | 3 years |
Judgment | 20 years |
Findlaw |
Use the statute of limitations as an affirmative defense in your case.
Feeling overburdened by debt can take away your joy and affect the quality of your life. If you cannot pay your debts in full, seeking debt relief in New Hampshire may help. You have several options to reduce debts or get financial help.
Your financial situation and how deep you are in debt can determine which option suits you best.
New Hampshire consumers can take advantage of government programs and other resources available in the state. Although these do not directly pay for your debt, you can get cash assistance for your daily needs.
Other resources include the Community Action Partnership of New Hampshire and Private Student Loan Relief.
Too many past-due accounts can be daunting. However, taking on one account at a time can slowly but steadily reduce your balance. As you do, you will get the motivation to continue until you are out of debt.
A qualified credit counselor helps you make and stick to a budget, set financial goals, and develop an action plan to achieve your goals. The government publishes a list of approved credit counselors you can work with to recover financially.
For consumers with several debts, combining all or most of them into one account with a lower interest rate can help pay them off faster. Also, dealing with one account instead of multiple makes the process more manageable. Be sure to consider the risks before applying for debt consolidation.
Request your creditor to let you pay off your debts for less than you owe. Some consumers use debt settlement companies, but these can be costly. Fortunately, you can do it yourself if you negotiate well. Keep reading to find out how.
Getting money chopped off your paycheck is a painful experience. The court can allow it if a creditor wins a monetary judgment against a debtor, but they do not pay. Fortunately, New Hampshire law limits how much creditors can take and offers ways to stop the garnishment.
New Hampshire applies federal and state laws to wage garnishment. The Consumer Credit Protection Act (CCPA) restricts how much a creditor can garnish to 25% of your weekly disposable income. It also uses other parameters to ensure the amount you remain with after deductions is not too little to survive on. There are also limits to wage garnishment on unemployment benefits.
New Hampshire’s unique laws state that:
You can prevent wage garnishment by promptly responding to debt collection lawsuits and attending court hearings.
It is also possible to object to a wage garnishment order. You can state one of these as your reasons for objecting:
Debt settlement can save you the hassle and embarrassment of wage garnishment in New Hampshire. Before the case escalates, approach the creditor to request forgiveness of a portion of the debt. More creditors are willing to settle than you think. They would rather avoid the lengthy and costly litigation process.
You can track and find any case in New Hampshire. The first step is to determine in which court the case you are searching for is filed. The state has three court levels: The Supreme Court, Superior Court, and Circuit Court. A debt collection case likely ends up in the district division of the Circuit Court.
Visit the courthouse
You will need a case number to trigger the search. To find the number, visit the courthouse. You should be able to provide the case details, such as your name and the name of the plaintiff, your date of birth, and the date the case was filed. The clerk uses this information to search the records.
Search your case online.
Consumers in New Hampshire have online access to court cases. Visit the New Hampshire judicial branch's online access portal to search for a lawsuit. You will need to enter your details to find your court case.
Every state has legal aid organizations available to offer free legal services for their residents who cannot otherwise afford assistance. Some of these New Hampshire organizations are listed below:
The New Hampshire Judicial Branch website has a court directory to help consumers, like you, find important information pertaining to their case. The New Hampshire court directory can help you find your court location, the clerk's phone number, e-filing information, and more.
Find your local court below to respond to a New Hampshire debt Summons:
In short, here's a quick review on how to answer a summons for debt collection in New Hampshire.
Remember your response deadline is 30 days. You can use the SoloSuit Answer form to draft and file your response in minutes online. Otherwise, you can respond on your own with the New Hampshire Circuit Court Answer Form or Response to Small Claims Form
To respond to a debt lawsuit in New Hampshire, follow these three steps:
Good Luck!
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"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather