New Hampshire · Unpaid personal loan
Unpaid personal loan in New Hampshire small claims
Friend or family owes you money? Recover it in small claims.
Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.
In New Hampshire, small-claims cases are heard in the Circuit Court, District Division and you can sue for up to $10,000.
Good to know: In New Hampshire, small claims is not a separate court but a procedure in the District Division of the Circuit Court (a small claims session). File in the district division where either the plaintiff or the defendant lives.
Unpaid personal loan: steps that matter
- Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
- Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
- Send a written demand for repayment with a clear deadline and keep proof you sent it.
- Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
- File in the court where the defendant lives or where the loan was agreed to.
Filing your Small Claim Complaint (Form NHJB-2370-DE) in New Hampshire
- Complete the Small Claim Complaint. Fill out the Small Claim Complaint (NHJB-2370-DE) stating your relationship to the defendant, why money is owed, and the amount. Consumer-credit claims also need a Statement of Consumer Debt (NHJB-2875-DE). Claims over $10,000 must be filed as a civil writ.
- E-file through TurboCourt. E-filing is mandatory in small claims; self-represented filers use TurboCourt (Rule 4.1), unless an exemption is granted.
- Pay the filing fee. The claim is not considered filed until the fee is paid: $125 for claims of $5,000 or less, $180 for $5,001 to $10,000. Waivers require a showing of extraordinary circumstances.
- Court serves notice on the defendant. The court mails notice of the claim to the defendant by first-class mail (Rule 4.2). If it is returned undeliverable, you must supply a new address or arrange sheriff service, or the case may be dismissed after 60 days.
- Await the response and hearing. The defendant files a Response by the date on the notice. No response can mean a default judgment; a disputed claim is set for a hearing with relaxed evidence rules.
Filing fees: Fees are set statewide by the Judicial Branch, not the county: $125 for a claim of $5,000 or less and $180 for $5,001 to $10,000, effective 07/01/2025. A jury-trial or transfer fee is $145. Fees are waived only on a showing of extraordinary circumstances (Rule 4.1).
Deadline that applies to your unpaid personal loan
A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.
Written contract: 3 years (RSA 508:4, I)
Answering a lawsuit: By the response date on the court's notice: 30 days from the mailing date when the defendant is served by first-class mail, or by the court's return date (at least 45 days out) if served as in other actions at law.
Serving the defendant: The court, not the plaintiff, first serves the defendant by mailing the notice first-class. If it is returned undeliverable, the court tells you, and you may supply a new address or request sheriff service under RSA 510. If you do not act within 60 days, the case is dismissed.
Appeals: Either party against whom judgment is entered may appeal to the New Hampshire Supreme Court on issues of law only, within 30 days of the judgment or the clerk's notice of it, whichever is later.
All New Hampshire small-claims deadlines
The table below lists the filing deadlines Circuit Court, District Division applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (RSA 508:4, I) | 3 years |
| Oral contract / debt (RSA 508:4, I) | 3 years |
| Property damage (RSA 508:4, I) | 3 years |
| Personal injury (RSA 508:4, I) | 3 years |
| Contracts under seal / specialties (exception) (RSA 508:5) | 20 years |
New Hampshire small-claims forms for your unpaid personal loan case
These forms are published by the Circuit Court, District Division. Download and complete them before filing.
- Small Claim Complaint (NHJB-2370-DE): The initial document the plaintiff files to start a small claim. Verified: PDF opens with 'THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH ... SMALL CLAIM COMPLAINT' and fields for plaintiff/defendant and amount claimed.
- Statement of Consumer Debt (NHJB-2875-DE): Required to be filed with the complaint when the basis for recovery is the extension of consumer credit (consumer debt), per Rule 4.1(a)(4)(C).
- Response to Small Claim (NHJB-2830-DE): The form the defendant files to respond to the small claim complaint by the response/return date (useful for plaintiffs to understand the defendant's options).
- Small Claim eFiling Information Sheet: Official instructions on e-filing a small claim through the e-filing system / TurboCourt.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: New Hampshire Judicial Branch: Small Claims. Last reviewed 2026-06-24.