Understanding Small Claims Court Records in New Hampshire
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In New Hampshire, small claims court records document minor legal disputes that revolve around unpaid debts, monetary damages, or compensation. For a case to qualify as small claims, the person or business must be suing another person or business/company who they claim owes them or has caused damages or injury of $10,000 or less.
In New Hampshire small claims courts, any claim greater than $5000 is subject to mandatory mediation. This means that the parties must first attend an alternative dispute resolution process with a neutral third party to come to an agreement outside of court. If that fails, then they may proceed to court.
The small claims court is a simple and informal court session where an individual appears before a circuit court district division to present his or her claim and state why another person or business owes them money. The process is usually resolved quickly and does not require the parties to have lawyers or legal representation in order to minimize costs.
Public Access and Privacy Rules for New Hampshire Small Claims Records
In line with the New Hampshire Right-to-Know Law (NH RSA 91-A), every person has the right of access to small claims court records. The Right to Know allows courts and other public agencies to disclose and make available to the public all information created, filed, or obtained by any such agency. Public small claims records may include the names of the parties, description of the dispute, pleadings, exhibits submitted at hearings, and final judgments.
The Law also goes further to exempt the disclosure of confidential information or records protected by state and federal laws. State law prohibits the disclosure of confidential information in order to maintain the right of privacy of parties and ensure discretion in sensitive matters. Although the NH RSA 91-A aims to promote transparency in government, the law must also protect its people from unwarranted invasion of privacy.
Records exempt from disclosure under the Right to Know Law include case records involving minors, financial information, public assistance records, medical records, internal personnel records, and others.
Per Rule 13B. of the Superior Court of the State of New Hampshire, any person seeking access to a document or part of a document that has been determined to be confidential must file a motion with the New Hampshire Circuit Court in the county where the small claims case was filed.
What You'll Find in a New Hampshire Small Claims Court Record
Members of the public may typically find the following information in a New Hampshire small claims record:
- Case Information: This includes a description of the claim, the reason the plaintiff is suing, and the business or other relationship between the parties.
- Plaintiff/Defendant Personal Information: Name, date of birth, and address of the plaintiff and defendant. The addresses of the parties may not be public information.
- Claim Amount: The total sum the plaintiff is demanding from the defendant. The maximum claim in a small claims action is $10,000.
- Judgment Date: The date final judgment is given in respect of the case
- Case Outcome: The amount awarded in favour of the plaintiff
- Payment Order: A legally enforceable order by the court commanding a debtor to pay a specific amount to the creditor by a stated date.
Other documents may include serving information, hearing notes, a motion for summary judgment, and a motion to vacate judgments. All of these are part of public records that may be accessed by potential employers, nuance companies, and other organizations.
How to Search Small Claims Court Records in New Hampshire
Interested persons can search small claims court records online at the New Hampshire Judicial Branch's Case Access Portal. The case access portal provides free access to non-confidential case records for small claims cases and other circuit court and superior court civil and criminal cases. Individuals will be required to register or create accounts on the case search portal in order to access court records and other information.
To use the Case Access Portal:
- Visit the New Hampshire Judicial Branch website
- Register to create an account
- Sign in to the created account
- Provide case details name, court type, case number)
- Access available case information
Small claims records available online are not official court records. In order to access complete New Hampshire Small Claims Records, interested persons must visit the clerk's office in the circuit court district division court where the case is filed. Courthouses provide public access terminals where members of the public can search and inspect copies of court records for free. However, requests for copies of official records are subject to administrative fees.
The difference between online access and looking up records in person is mainly convenience. New Hampshire small claim records can be accessed online from any part of the state and outside the US, but they only give users access to basic information about the case. In-person searches allow researchers access to comprehensive and official copies of case documents.
The table below highlights access methods, where to search for small claims court records, and the costs/requirements.
|
Access Method |
Where to Search |
Cost/Requirements |
|---|---|---|
|
Online Case Access Portal |
| |
|
In-person |
Circuit Court District Division |
|
|
Mail or Phone Requests |
Circuit Court District Division: Send to Mail Address, P.O. Box, or email address. |
|
How Long Small Claims Records Stay on File in New Hampshire
The New Hampshire Judicial Branch Records Management and Retention Policy is only public for probate records. The best way to find correct information on the specific retention period for certain records is to contact the court clerk of the Circuit Court district division where the case was held.
Can Small Claims Court Records Be Sealed or Removed in New Hampshire?
In New Hampshire, small claims records cannot be sealed or expunged. Sealing or expunging records specifically applies to criminal records. However, a party can file a motion to seal specific confidential documents. Sealing a document prevents it from being publicly accessible in order to maintain the privacy or protect sensitive information, while expunging a record deletes it completely, as if it never existed.
According to Rule 13 (Supplemental Rules of the Circuit Court of New Hampshire for Electronic Filing), when filing a confidential document with the court, the party filing must indicate that the document is to be categorized as confidential. The court will review the motion and any objections to the motion to seal before issuing an order to seal the documents in question.
In cases where the matter is dismissed, the case is withdrawn, or there is an issue of mistaken identity, concerned parties are advised to consult with an attorney or the court clerk on the possibility of sealing the court records in such a case.
Why New Hampshire Small Claims Court Records Matter
Small claims court records matter because they serve as legal precedent. Generally, documentation and preservation of court records are important and necessary for transparency and accountability in the justice system. Records of small claim cases can help another person seeking legal remedies understand how the legal system works, what records and evidence are necessary for proving their case, and how a judgment is given.
Small claim records serve as evidence and proof for building a stronger case. Court records usually contain all the documents submitted to the court, from correspondence to receipts, pictures, contracts, and witness statements. This can be useful if a similar issue recurs between the same parties in another situation.
It can also help individuals or businesses find out if a potential client, business partner, employer, or renter has been sued in the past for unpaid fees or contractual disputes.
Do You Need a Lawyer for a Small Claims Court in New Hampshire?
No. The New Hampshire Small Claims Court is set in place for minor legal disputes to be resolved in a timely manner and with little expense. Lawyers are not required, and formal rules of evidence are not followed. In fact, parties are encouraged to prepare and present their own cases to reduce the overall cost.
This can present as an advantage and a disadvantage to the person concerned. Individuals may be unsure of how to present their facts or not feel confident enough to speak before a judge. Here is where consulting a lawyer can help. A lawyer will help the party organize their case and reference evidence quickly when presenting to a judge. They will also help the party prepare for the complications in the legal process, like how to respond to a counterclaim, how and when to file an appeal if they are unsatisfied with the ruling.
Although self-help is usually sufficient in small claim cases, hiring an attorney can make the process easier for the parties involved. However, where the lawyers' cost is nearly as high or even more than the amount claimed in dispute, it is not worth it to hire legal representation.