Answer a Summons for Debt Collection in New Hampshire

You have 30 days to respond to a debt collection lawsuit in New Hampshire. Missing this deadline can result in a default judgment against you. You must file an Answer document addressing each claim and asserting your defenses.

Getting sued for debt feels overwhelming, especially when money is already tight. Hiring an attorney may seem impossible. Ignoring the lawsuit will only make things worse.

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The information below walks you through each step of responding to a debt lawsuit. You’ll find New Hampshire-specific deadlines, forms, and filing procedures.

New Hampshire Debt Lawsuit Response Deadline

You have exactly 30 days to respond to your debt collection lawsuit in New Hampshire.

New Hampshire Rules of Civil Procedure Rule 4(e) states that appearances and answers are due within 30 days from the date you receive the Summons and Complaint.

Missing this deadline means you lose by default. The court issues a default judgment in favor of the debt collector. You lose your opportunity to dispute the debt amount or any other claims.

After a default judgment, New Hampshire requires a payment plan hearing. The court determines your repayment schedule through a Motion for Periodic Payments. You cannot contest the amount owed at this hearing if you failed to respond initially.

Filing your response before the deadline preserves all your legal rights. You can argue the debt isn’t yours or the amount is wrong.

Required Forms for Your New Hampshire Answer

New Hampshire provides online forms for your response. The correct form depends on which court is handling your case.

Debt collection lawsuits fall into two categories:

Circuit Court District Division handles civil claims up to $25,000
Small Claims Court handles claims up to $5,000

Check your Summons and Complaint to identify your court. Then download the appropriate form:

Alternatively, our partner Solo can draft and file your Answer for you. An attorney reviews every document for accuracy.

Filing Fees in New Hampshire

New Hampshire charges no fee to file an Answer. You can respond to the lawsuit without paying anything.

Other filings like counterclaims may require fees. Check the Circuit Court filing fee schedule for details.

Three Steps to Respond to Your Debt Lawsuit

Your response must include specific information from the Summons and Complaint:

Your name and address
Plaintiff company name and attorney information
Court name, address, district, and case number

Follow these three steps to complete your Answer:

Step 1: Answer Each Claim in the Complaint

The Complaint lists specific allegations against you. Address each one with one of three responses:

Admit
Deny
Deny for lack of information

Admit facts that are clearly true, like your name or account number. Deny allegations that are false or questionable. Use the third option when you don’t have enough information to respond.

Most attorneys recommend denying as many claims as possible. The debt collector must prove their case against you.

The Circuit Court form includes space for the first three allegations. You’ll need additional pages for longer complaints. The Small Claims form works differently with checkboxes for different options.

For Small Claims, Section A asks what action you want:

Request for Court Hearing
Claim Not Disputed/Payment of Claim
Request for Jury Trial in Superior Court (claims over $1,500)
Bankruptcy Filed

Step 2: Assert Your Affirmative Defenses

Affirmative defenses are legal reasons why the case against you should fail. New Hampshire Court Rules of Civil Procedure list valid defenses.

Common affirmative defenses include:

Accord and Satisfaction: You paid part of the debt as full settlement. The original creditor may have agreed to accept less to avoid collection costs.

Payment: You already paid the debt in full. Third-party collectors sometimes pursue paid debts by mistake.

Discharge in Bankruptcy: A bankruptcy discharge legally eliminates the debt. No one can collect on discharged debt through the courts.

Statute of Limitations: The debt is too old to sue over. New Hampshire’s statute varies by debt type but is typically three years.

List your affirmative defenses in the same numbered paragraph as your response on the New Hampshire form.

You can also file counterclaims if the plaintiff violated debt collection laws. Counterclaims get complicated quickly. Consider consulting an attorney before pursuing this option.

Step 3: File Your Answer and Serve the Plaintiff

Filing your Answer with the court proves you responded on time. Don’t skip this crucial step.

New Hampshire requires electronic filing in most cases. You can drop off documents at the courthouse as an alternative. Our partner Solo handles e-filing for hundreds of New Hampshire cases.

After filing with the court, send a copy to the plaintiff’s attorney. Find their contact information on the Summons and Complaint. You can mail it or serve it electronically through the e-filing system.

Settling Your Debt in New Hampshire

You can settle debt before or after a lawsuit begins. Settlement means convincing the creditor to accept less than the full amount. They forgive the remaining balance.

Settling after being sued requires three steps:

Answer the Summons First

Never skip filing your Answer, even if you plan to settle. You have 30 days to respond. Missing this deadline means losing by default.

Some creditors drop weak cases after you file an Answer. Even if the case continues, responding lets you defend yourself at the hearing.

Make Your Settlement Offer

Determine how much you can realistically pay. Calculate your monthly income, expenses, and available savings. Make sure you can actually pay what you offer.

Start with an offer around 60% of the total balance. Some creditors want more, but everything is negotiable. Most prefer one lump sum payment over installment plans.

Contact the creditor in writing with your offer. Phone calls work too. New Hampshire law allows call recording if both parties consent.

Be honest about your financial situation during negotiations. Creditors respond better to transparency.

Get Everything in Writing

Never pay before getting a written settlement agreement. The agreement must include:

Settlement amount
Payment due date
Payment method
Statement releasing you from further claims
Agreement to drop pending lawsuits

Written agreements protect both parties from backing out later.

Your Rights Under New Hampshire Debt Collection Laws

Being in debt doesn’t eliminate your legal rights. Debt collectors must treat you with dignity and respect your privacy.

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 practices.

UDUCPA applies to credit cards, mortgages, auto loans, retail financing, and similar transactions.

Debt collectors cannot:

Call repeatedly at odd hours to harass you
Contact you at work after you tell them not to
Use profanity or abusive language
Threaten legal action they cannot take
Lie about the debt amount

Debt collectors must:

Identify themselves as debt collectors
State their purpose for calling
Provide the collection company’s address
Give the caller’s name
Name the original creditor
Inform you of your right to dispute the debt

The federal Fair Debt Collection Practices Act (FDCPA) also protects New Hampshire consumers. The FDCPA typically applies to third-party collectors, not original creditors.

You can claim up to $1,000 per FDCPA violation. You don’t need to prove harm, just that the violation occurred.

New Hampshire Statute of Limitations on Debt

The statute of limitations for most debt in New Hampshire is three years. Creditors and collectors have three years from your last account activity to sue you.

Suing after the statute expires violates the law. Use this as an affirmative defense in your Answer. The court will likely dismiss your case.

Debt Type	Statute of Limitations
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

Debt Relief Options in New Hampshire

Several debt relief options can help when you’re overwhelmed:

Government Assistance Programs

New Hampshire offers programs to help with basic needs while you get back on your feet:

Financial Assistance to Needy Families (FANF): Provides cash assistance through various programs if you have dependent children and low income or unemployment.

Emergency Housing Assistance: Helps renters and homeowners facing eviction save their homes.

Electric Assistance Program: Offers discounts between 5% and 86% if you risk having your electricity shut off.

Debt Payment Strategies

Snowball Method: Pay off your smallest debt balance first while making minimum payments on others. Roll that payment into the next smallest debt.

Avalanche Method: Attack the debt with the highest interest rate first. Make minimum payments on other accounts while eliminating the costliest debt.

Credit Counseling

Qualified credit counselors help you budget, set financial goals, and create action plans. The government maintains a list of approved credit counselors.

Debt Consolidation

Combine multiple debts into one account with a lower interest rate. Managing one payment instead of many simplifies the process. Consider the risks before consolidating.

Stopping Wage Garnishment in New Hampshire

Creditors can garnish your wages after winning a judgment against you. New Hampshire law limits how much they can take.

The Consumer Credit Protection Act (CCPA) restricts garnishment to 25% of your weekly disposable income. New Hampshire adds extra protections:

Creditors can only garnish wages earned but not yet paid
Garnishment covers only two weeks of earnings at a time
New court orders are required for additional garnishments

You can object to wage garnishment for several reasons:

Improper service of the garnishment order
Invalid debt
Exemption from garnishment
Excessive garnishment amount
Undue financial hardship
Existing repayment arrangements

Settling your debt before garnishment begins saves you from this situation. Approach the creditor early to negotiate forgiveness of part of the debt.

Checking Your Court Case Status

You can track your New Hampshire court case online or in person. Most debt collection cases end up in Circuit Court’s district division.

Visit the Courthouse: Bring the case details including your name, plaintiff name, date of birth, and filing date. The clerk searches records using this information.

Online Search: Visit the New Hampshire judicial branch’s online portal. Enter your details to find your case.

Free Legal Help in New Hampshire

Legal aid organizations provide free services to New Hampshire residents who cannot afford an attorney:

New Hampshire Court Locations

The New Hampshire court directory helps you find your court location, clerk phone numbers, e-filing information, and more.

Find your local court to file your debt collection Answer:

Frequently Asked Questions

What is the deadline to respond to a debt lawsuit in New Hampshire?

You have 30 days from the date you are served with the Summons and Complaint to file your Answer in New Hampshire. Missing this deadline results in a default judgment against you.

How do I file an Answer to a debt collection lawsuit in New Hampshire?

Download the appropriate form from the New Hampshire courts website based on your court type. Fill out the court information, respond to each allegation, assert your defenses, and file electronically or at the courthouse. You must also serve a copy on the plaintiff's attorney.

Can I settle my debt after being sued in New Hampshire?

Yes, you can settle debt even after a lawsuit begins. First, file your Answer to preserve your rights. Then negotiate with the creditor to pay less than the full amount. Always get the settlement agreement in writing before paying.

What is the statute of limitations on debt in New Hampshire?

The statute of limitations for most debt in New Hampshire is three years from your last account activity. Judgments have a 20-year statute. If a creditor sues after the statute expires, use this as an affirmative defense in your Answer.

How much can creditors garnish from my wages in New Hampshire?

Creditors can garnish up to 25% of your weekly disposable income under federal law. New Hampshire limits garnishment to wages earned but not yet paid, and only two weeks of earnings at a time per court order.

How to Answer a Summons for Debt Collection in New Hampshire (2025)