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How to Answer a Summons for Debt Collection in New Hampshire (2024 Guide)

George Simons | June 28, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

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.

Respond to a Summons in New Hampshire.

Sued for debt in New Hampshire? SoloSuit can help you file an Answer into your case before the 30-day deadline.

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Table of Contents

Sued for debt? Settle your debt before going to court with the help of SoloSettle.

Respond to your debt lawsuit before the New Hampshire deadline

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.

New Hampshire Answer to Summons Forms

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.

Answer Filing Fees for New Hampshire

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

Steps to Respond to a Debt Collection Case in New Hampshire

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:

  • Your personal information including name and address
  • Information about the plaintiff, including the name of the company and attorney filing on their behalf.
  • Court information included in the caption, such as the name and address of the court, the proper district, and the assigned case number

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:

  1. Answer each issue of the Complaint
  2. Assert affirmative defenses
  3. File the Answer document with the court and serve the plaintiff with a copy

Below, we'll break down each of these steps in detail. You can also watch this video to learn more:

1. Answer each issue of the Complaint

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:

  1. Admit
  2. Deny
  3. Unable to Admit or Deny for lack of information

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:

  1. Request for Court Hearing
  2. Claim Not Disputed/Payment of Claim (after which a payment hearing will be scheduled to determine a payment schedule)
  3. Request for Jury Trial in Superior Court (only available for claims over $1,500.)
  4. Bankruptcy Filed

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.

2. Assert affirmative defenses.

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:

  • Accord and Satisfaction - this refers to a situation where you have paid some of the debt in full satisfaction of the total. Most likely this would be through an agreement you made with the original creditor that might avoid additional costs, like state of New Hampshire debt collection fees or late payment penalties.

  • Payment - If you've already paid the debt and can prove it then the plaintiff most certainly does not have a case against you. This is not uncommon because third party debt collection agencies may have purchased the debt from your original creditor without checking for a payment history.

  • Release - If you previously filed a bankruptcy case that went to discharge which included this debt, then the plaintiff (or any party) no longer has the option to seek collection on the debt through the court. Once it is discharged in bankruptcy you are no longer legally obligated to pay it.

  • Statute of limitations - this refers to a time limit to pursue specific actions through the court. As we will discuss in more depth below, the statute of limitations under New Hampshire debt collection laws is between three and twenty years, depending on the type of debt.

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.

3. File the answer with the court and serve the plaintiff.

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.

SoloSuit files for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Settle debt in New Hampshire

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.

Step 1: Answer the Summons

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.

Step 2: Make an offer to the creditor and prepare to negotiate

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.

Step 3: Get the settlement in writing.

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:

Your still have rights when you owe debt

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:

  • Threatening consumers with jail terms if they do not pay.
  • Call debtors before 8:00 am or after 9:00 pm
  • Publicizing a consumer's debts
  • Misleading communication that makes it look like a legal process
  • Harassing a debtor by calling too many times
  • Harassing a debtor's employer

How to determine the best debt settlement company in New Hampshire

You may want to research and compare these debt settlement companies available in New Hampshire to determine which suits you.

  • Freedom Debt Relief
  • Century
  • National Debt Relief
  • Accredited Debt Relief
  • Citizens Debt Relief
  • CuraDebt

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.

Settle with SoloSettle

Make an Offer

Debt collection laws safeguard consumers in New Hampshire

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:

  • Causing a debtor's phone to ring repeatedly at odd hours to hound them
  • Contacting a consumer at work after they specifically tell the debt collector they cannot be contacted at work
  • Using abusive language or profanities when speaking to consumers
  • Threatening to take legal action when they cannot do so
  • Lying about the amount of debt

It also obligates the debt collector to:

  • Identify themselves as debt collectors.
  • Express their role as debt collectors.
  • Provide the address of the debt collection company.
  • Provide the caller's name.
  • If third-party debt collectors are involved, they should provide the name of the initial creditor.
  • Inform the consumer of their right to dispute the debt.

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 on debt in New Hampshire can protect you

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:

Statute of Limitations on 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.

Find debt relief in New Hampshire

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.

  • New Hampshire debt relief programs.
  • Take on one debt at a time.
  • Try credit counseling.
  • Apply for debt consolidation.
  • Settle your debts.

Your financial situation and how deep you are in debt can determine which option suits you best.

Utilize these New Hampshire debt relief and financial programs

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.

  • New Hampshire Financial Assistance to Needy Families (FANF): If you're facing financial woes such as unemployment or have a low income and dependent children, you may qualify for FANF. The program provides cash assistance through the Family Assistance Program (FAP), the New Hampshire Employment Program (NHEP), the Unemployed Parent Program, or the Interim Disabled Parent Program. If you qualify, the money can provide basic needs while you get back on your feet.

  • New Hampshire Emergency Housing Assistance: Find help to save your home. This program helps renters or homeowners facing eviction.

  • Electric Assistance Program: This program helps consumers at risk of having their electric service shut off due to non-payment. If you qualify, you may get discounts between 5% and 86%.

Other resources include the Community Action Partnership of New Hampshire and Private Student Loan Relief.

Take on one debt at a time

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.

  • Use the snowball strategy. With this plan, you pay off your smallest debt balance while keeping up with minimum payments on the other debts. Once done, you “snowball” your payment for the debt you’ve paid off to the next smallest balance and work your way up until you finish.
  • Use the avalanche method: The strategy involves taking on the debt with the highest interest rate, paying it off, and then moving on to the next one until you are done. During this time, you keep making minimum payments to the rest of the accounts to avoid defaulting.

Apply for credit counseling

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.

Consolidate your debts

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.

Settle your debts

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.

Stop wage garnishment in New Hampshire

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:

  • The creditor can only garnish wages earned but not yet paid at the time of the garnishment order.
  • A creditor can only garnish two weeks' earnings at a time. If they want more, they must obtain a new court order.

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:

  • You were not adequately served with the garnishment order.
  • The debt is not valid.
  • You are exempt from wage garnishment.
  • The creditor is taking more from your paycheck than the law permits.
  • The garnishment would cause undue financial hardship to your family.
  • You already made repayment arrangements with the creditor.

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.

Check the status of your court case in New Hampshire

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:

New Hampshire State Court Locations

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:

Key Takeaways

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:

  1. Answer each issue in the complaint.
  2. Assert your affirmative defenses
  3. File and serve the Answer

Good Luck!

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

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Resolve your debt with your creditor

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Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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