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RSA 503:6 · Notice to Defendant

Title
LI: COURTS
Chapter
503 · LITIGATION OF SMALL CLAIMS
Status
current
Official source linked
Yes
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503:6 Notice to Defendant. –

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I.

The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending a written statement to the defendant by postpaid first class mail, addressed to the defendant at the defendant's last known post office address and directing the defendant to indicate, in writing within 30 days from the date said notice is mailed, the defendant's desire to be heard.

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II.

If the defendant fails to respond to the notice and the notice is not returned as undelivered, a default judgment will be entered in favor of the plaintiff, who shall be notified by the court.

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III.

If the notice is returned as undelivered, then the court shall direct the plaintiff to complete service on the defendant, at the expense of the plaintiff, as in all other actions at law.

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IV.

If the defendant responds to the notice indicating a desire to be heard, the case shall be scheduled for hearing shortly thereafter. Both parties shall be notified by mail of the date and time of the hearing at least 14 days in advance of the hearing.

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V.

[Repealed.] Source. 1939, 179:6. 1941, 138:1. RL 378:6. RSA 503:6. 1975, 262:2. 1985, 182:4. 2007, 86:1. 2009, 302:8, 9, eff. Sept. 29, 2009. 2010, 242:2, eff. July 1, 2010. 2014, 194:2, 6, II, eff. July 1, 2015.

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Source note

Source. 1939, 179:6. 1941, 138:1. RL 378:6. RSA 503:6. 1975, 262:2. 1985, 182:4. 2007, 86:1. 2009, 302:8, 9, eff. Sept. 29, 2009. 2010, 242:2, eff. July 1, 2010. 2014, 194:2, 6, II, eff. July 1, 2015.

Source history

  • 1939, 179:6
  • 1941, 138:1. RL 378:6. RSA 503:6
  • 1975, 262:2
  • 1985, 182:4
  • 2007, 86:1
  • 2009, 302:8, 9, eff. Sept. 29, 2009
  • 2010, 242:2, eff. July 1, 2010
  • 2014, 194:2, 6, II, eff. July 1, 2015

Related materials

Bill relationships

  • 2026 HB1116 amend

    in a criminal proceeding, the judge shall not be entitled to refuse to testify due to a claim of judicial privilege. 2 Litigation of Small Claims; Notice to Defendant. Amend RSA 503:6, I to read as follows: I. The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending, within 10 days of the

  • 2025 HB2 reference

    ll be exempt from the surcharge under subparagraph (a): (1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D. (2) Domestic violence actions under RSA 173-B. (3) Small claims actions under RSA 503. (4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C. (5) Stalking actions under RSA 633:3-a II-a.] The supreme court may establish by rule an equitable fee of not less than $25 to b