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HB1234: reducing the maximum amount of debt or damages for small claims actions.

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

  • Rowe House · Hills 6

Topics

Criminal justice and courts

Official links

HB 1234-FN – AS INTRODUCED

2006 SESSION

06-2204

09/01

HOUSE BILL 1234-FN

AN ACT reducing the maximum amount of debt or damages for small claims actions.

ANALYSIS

This bill reduces the maximum amount of debt or damages for small claims actions from $5,000 to $2,500.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2204

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT reducing the maximum amount of debt or damages for small claims actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Small Claims Actions; Maximum Amount of Debt or Damages. Amend RSA 503:1, I to read as follows:

I. A small claim is any right of action not involving the title to real estate in which the debt or damages, exclusive of interest and costs, does not exceed [$5,000] $2,500.

2 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2204

11/7/05

HB 1234-FN - FISCAL NOTE

AN ACT reducing the maximum amount of debt or damages for small claims actions.

FISCAL IMPACT:

The Judicial Branch states this bill will have an indeterminable fiscal impact on state revenue and expenditures in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or revenue.

METHODOLOGY:

The Judicial Branch indicated the small claims jurisdictional limit has been at $5,000 since January 1, 1999 when it was increased from $2,500. The Branch reviewed the following ten years of small claims case volume:

Years with $2,500 jurisdictional maximum

1995 16,913

1996 17,840

1997 18,307

1998 16,623

Years with $5,000 jurisdictional maximum

1999 16,422

2000 16,185

2001 17,064

2002 16,722

2003 17,796

2004 17,684

Based on these statistics, the Branch could not identify a significant relationship between the jurisdictional maximum and the number of small claims cases.

The Branch estimated the cost to process a civil writ is approximately $22.61 more than a small claims action or $22,610 per thousand cases. If the change in jurisdictional maximum for small

LBAO

06-2204

11/7/05

claims actions impacted the number of civil writs there would be a fiscal impact on state expenditures and revenues, but this amount cannot be determined.