New Hampshire Statute of Limitations on Debt: Your Defense Guide
New Hampshire's statute of limitations on most debts is three years from your last payment or acknowledgment. You must actively raise this defense in court by filing an Answer, as judges won't dismiss expired debt cases automatically. Never ignore a lawsuit, even for old debt, as this leads to default judgments against you.
Respond to Your LawsuitAre you being sued in New Hampshire for an old debt? You might wonder why a creditor is pursuing you for something from years ago.
The statute of limitations might have expired on your debt. You can use this as a powerful defense in court.
Fight Your New Hampshire Debt Lawsuit Today
Facing a debt lawsuit in New Hampshire? Use the statute of limitations as your defense. Our partner Solo helps you file the right Answer before your court deadline.
Start Your Answer NowUnderstanding New Hampshire’s debt collection laws helps you fight back effectively. Our partner Solo can help you respond to your lawsuit with the right defenses.
What Is the Statute of Limitations on Debt?
The statute of limitations sets a deadline for creditors to sue you. After this time passes, lawsuits lack legal grounds to succeed.
These limits apply to both consumer and business debt. Consumer debts include credit cards and personal loans. Business debts fund commercial ventures or investments.
Creditors can file lawsuits to collect unpaid debts. Courts may issue judgments requiring you to pay the original amount plus fees. You risk a default judgment if you ignore the lawsuit.
The critical question: How long can creditors wait before suing?
The answer depends on your state’s laws and debt type. New Hampshire has specific timelines you need to know.
New Hampshire Statute of Limitations by Debt Type
New Hampshire doesn’t treat all debts the same. Different debt types have different legal deadlines.
For most debts, the statute of limitations is three years. Credit card debt, medical bills, and personal loans all fall under this rule.
NH Rev Stat § 508:4 outlines this three-year limit clearly. The clock starts when you default or miss your payment.
Mortgage debts and judgments have a longer timeline. Under NH Rev Stat § 508:5, these debts have a 20-year statute.
NH Rev Stat § 508:6 adds special rules for mortgage-backed notes. Actions on these notes can continue while mortgage actions remain available.
Quick Reference: NH Debt Statute of Limitations
| Debt Type | Time Limit |
|---|---|
| Credit Card | 3 years |
| Medical Bills | 3 years |
| Student Loans | 3 years |
| Auto Loans | 3 years |
| Personal Loans | 3 years |
| Mortgages | 20 years |
| Judgments | 20 years |
Promissory notes have a six-year limit under RSA 382-A: 3-118. This covers negotiable instruments like bills of exchange and checks.
Contracts for sale of goods have a four-year default limit. Parties can reduce this to one year but cannot extend it.
Don’t Restart the Clock on Your Debt
Certain actions can reset the statute of limitations. You need to avoid these common mistakes.
Making a partial payment restarts the clock completely. Even acknowledging the debt in writing can reset the timeline.
Promising to pay gives creditors more time to sue. Any admission of the debt can pause or reset the limitation period.
Actions That Reset the Statute
- Making any payment, even a small one
- Signing a payment agreement or settlement letter
- Admitting you owe the debt in writing
- Making promises to pay in the future
Simple acknowledgment isn’t enough to restart the clock. You must show clear intent to pay the debt.
If someone guaranteed your loan, your actions don’t significantly affect their obligations. Their statute of limitations runs separately.
How to Use the Statute of Limitations as a Defense
An expired statute prevents creditors from using legal collection methods. However, debt collectors may still file lawsuits anyway.
Knowing your debt’s age is critical for your defense. Judges won’t automatically dismiss expired debt cases.
You must actively raise the statute of limitations defense. Include this affirmative defense in your Answer to the lawsuit.
Filing an Answer is your responsibility within the deadline. Our partner Solo helps you draft the right response with proper defenses.
Steps to Defend Your Case
- Calculate when you last made a payment or acknowledged the debt
- Determine which statute of limitations applies to your debt type
- Check if the creditor filed within the legal deadline
- Include the expired statute as an affirmative defense in your Answer
- File your Answer before your court deadline
You have the right to defend yourself against time-barred debt. Courts will dismiss cases when you properly raise this defense.
Never ignore a lawsuit, even for old debt. Failing to respond results in automatic default judgments against you.
What Happens After the Statute Expires?
Expired statutes don’t erase your debt entirely. Creditors can still ask you to pay voluntarily.
Debt collectors can contact you about old debts. They just can’t sue you or threaten legal action.
The debt remains on your credit report for seven years. This timeline runs separately from the statute of limitations.
You’re not legally required to pay time-barred debt. However, collectors may still attempt to collect.
Be careful when discussing old debts with collectors. Acknowledging the debt could restart the statute in some situations.
Protect Your Rights Under New Hampshire Law
New Hampshire law protects you from unfair debt collection practices. Collectors must follow strict rules when contacting you.
You have the right to request debt verification. Collectors must prove they own the debt and the amount is correct.
You can dispute debts you don’t recognize or believe are incorrect. Send dispute letters within 30 days of initial contact.
Debt collectors cannot harass, threaten, or mislead you. Report violations to the New Hampshire Attorney General and the CFPB.
Understanding your rights helps you fight back confidently. Don’t let aggressive collectors intimidate you into paying expired debts.