What are New Hampshire Small Claims Cases and Class Action Lawsuits?

New Hampshire Small claims cases are civil matters such as contract disputes, property disputes, entitlements, or claims for debts, damages, interest, or costs up to $10,000. In New Hampshire, a “small claims court” is not a separate entity but a simplified legal process allowing individuals and small business owners to file claims without formal legal representation. 

The District Division of the Circuit Court in New Hampshire offers a Small Claims Court designed to provide a simple, fast, and informal process for suing for monetary damages. By contrast, a class action lawsuit enables multiple individuals who have been wronged or are owed debts to file the same claim against an organization collectively—even if they live in different states. However, if the nature of each party’s harm differs, the court may separate them into different classes. A class action can be filed with the State’s Superior Court or the Federal District Court in New Hampshire.

What is a Class Action Lawsuit in New Hampshire?

A Class action lawsuit in New Hampshire is the process of dispute resolution of matters that concern a group of people who have been wronged by a social or business entity in one court case. A class action can be used to resolve a lot of civil issues and disputes concerning:

• Compensation of employees issues
• False and misleading advertising
• Extortive bank charges
• Hospital incompetency
• Defective drugs
• Security frauds

How do I File a Claim in a New Hampshire Small Claims Court?

In New Hampshire, individuals should be at least 18 years old to file a claim in small claims court. The TurboCourt website streamlines this process by allowing self-represented petitioners to e-file their claims; however, it is crucial to review the relevant court procedures and rules, which are also available on TurboCourt.

Petitioners can download, complete, and submit the necessary forms for a $60 filing fee. These forms require the inclusion of any relevant supporting documents and accurate information, such as the defendant’s mailing address or the registered agent's address (if applicable). Registered agent information can be obtained from the New Hampshire Secretary of State’s office.

Once a claim is filed, the defendant has 30 days to respond. Any claim valued at up to $5,000 is referred to mediation. If the dispute cannot be resolved through mediation, the judge may schedule a trial, known as a Hearing on the Merits.

Do I Need a Small Claims Lawyer?

Small claims cases generally involve lower monetary amounts, so hiring a lawyer might not be strictly required. However, having legal counsel can offer significant advantages:

• Case Assessment: An attorney can identify a claim's strengths and weaknesses, helping the petitioner understand its likelihood of success.
• Case Preparation: A lawyer may assist with gathering evidence, formulating convincing arguments, and advising on what may be inadmissible in court.
• Ongoing Guidance: A legal adviser can provide strategic input at each step of the process, ensuring the petitioner proceeds effectively and avoids pitfalls.

Although legal representation in small claims court is not mandatory, consulting a lawyer can often increase the likelihood of a favorable outcome.

How do Class Action Lawsuits Work in New Hampshire?

Typically, a class-action lawsuit in New Hampshire is usually complicated because of the complexities. A class action involves several persons versus a big organization or public corporation. Under the New Hampshire Court Rules, a lawsuit will need to meet several criteria before it can proceed as a class action:

• Numerosity: The class should include enough members so that it is impractical for them to appear as a single party.
• Commonality: The complaint should address a common legal issue or set of facts common to all class members.
• Typicality: The class representative's claim should align with the claims of the entire class.
• Adequate Representation: The class representative(s) should protect the interests of the class fairly and effectively.
• Superiority: A class action should have been deemed the most suitable method for resolving these issues, making individual lawsuits unnecessary for class members.

After a class action is filed, the court gives an order allowing class action once it meets the requirements. The order will describe the class limiting membership to those who did not request exclusion from class. After a class action is certified, the attorneys are expected to inform all potential class members. This can be done through the media, sending letters out, or making phone calls. Potential members have three options;

• Opt-in, which implies filing for compensation if the class action is in favor of the plaintiff.
• Opt-out, which implies retaining the right to file a separate lawsuit against the defendant.
• Do nothing and lose the right to be compensated or file an individual lawsuit against the defendant.

Class action lawsuits normally take a long time, depending on the intricacies involved in the case.

Is a Class Action Better Than a Single Party Suit?

It depends on the circumstances. A class action is often advantageous when numerous individuals have suffered the same harm by an organization or corporation because legal costs are shared among the group. This arrangement reduces the financial burden on individual plaintiffs and ensures that a successful outcome compensates all class members. However, single-party lawsuits can sometimes yield higher individual payouts since the plaintiff does not share the award with others. Additionally, class actions tend to take longer to resolve than single-party suits, and while a favorable verdict benefits every member of the class, it can be particularly advantageous for the attorneys involved. In a single-party suit, a favorable judgment benefits both the plaintiff and their lawyer more directly.

New Hampshire public records, including traffic-related documents, may also be accessed through third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in New Hampshire?

Cases that can be heard by the Small Claims Court in New Hampshire are cases that do not include damages or compensation worth more than $10,000. Some of the cases include:

• Landlord/Tenant; Cases like an eviction notice, and demand for rent.
• Domestic violence; small claims courts can hear criminal violations that can be punishable by the sentencing of not more than one year.
• Family; Issues that involve child adoption, guardianship, Children In Need of Services, juvenile delinquency, abuse and neglect of children, and termination of parental rights can all be heard at the small claims court.
• Contract dispute involving $10,000 or less
• Traffic violations
• Violations of State laws or County ordinances, Etc.