New Hampshire debt statute of limitations

New Hampshire limitation periods by type of debt

New Hampshire applies a single 3-year period to personal actions including ordinary contract debt.

What the New Hampshire statute says

“I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of,”
N.H. Rev. Stat. Ann. § 508:4, I

“I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of,”
N.H. Rev. Stat. Ann. § 508:4, I

Does paying restart the clock in New Hampshire?

We have not confirmed New Hampshire’s rule from its statute text. In many states a payment or a written acknowledgment can restart the limitations period, so check before you pay anything on an old account.

New Hampshire’s own debt collection law

New Hampshire's RSA chapter 358-C prohibits debt collectors from collecting or attempting to collect a debt in an unfair, deceptive, or unreasonable manner as defined in that chapter.

“No debt collector shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in this chapter.”
N.H. Rev. Stat. Ann. § 358-C:2 (ch. 358-C, Unfair, Deceptive or Unreasonable Collection Practices)

If a creditor wins a judgment in New Hampshire

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different New Hampshire rules take over.

How long a judgment lasts

In New Hampshire, an action of debt upon a judgment may be brought within 20 years after the cause of action accrued.

“Actions of debt upon judgments, recognizances, and contracts under seal may be brought within 20 years after the cause of action accrued, and not afterward.”
N.H. Rev. Stat. Ann. § 508:5

Wage garnishment

In New Hampshire, wages earned after the writ is served are exempt from trustee process, and pre-service wages can be reached only on a New Hampshire judgment debt, with 50 times the federal minimum hourly wage per week still exempt (other exceptions, such as support, are in the statute).

“In such case, the wages of the defendant earned before the service of a writ upon the trustee founded upon a debt on a judgment to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act for each week shall be exempt.”
N.H. Rev. Stat. Ann. § 512:21(I)-(II)

Small claims court

In New Hampshire, a small claim is one not involving title to real estate where the debt or damages, excluding interest and costs, do not exceed $10,000.

“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 $10,000.”
N.H. Rev. Stat. Ann. § 503:1(I)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how New Hampshire treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in New Hampshire?

3 years for credit-card debt and 3 years on a written contract, under N.H. Rev. Stat. § 508:4. The period usually runs from your last payment or the date of default.

Does New Hampshire have its own debt collection law?

New Hampshire's RSA chapter 358-C prohibits debt collectors from collecting or attempting to collect a debt in an unfair, deceptive, or unreasonable manner as defined in that chapter. (N.H. Rev. Stat. Ann. § 358-C:2 (ch. 358-C, Unfair, Deceptive or Unreasonable Collection Practices)).

How long does a court judgment last in New Hampshire?

In New Hampshire, an action of debt upon a judgment may be brought within 20 years after the cause of action accrued. (N.H. Rev. Stat. Ann. § 508:5).

How much of my pay can be garnished in New Hampshire?

In New Hampshire, wages earned after the writ is served are exempt from trustee process, and pre-service wages can be reached only on a New Hampshire judgment debt, with 50 times the federal minimum hourly wage per week still exempt (other exceptions, such as support, are in the statute). (N.H. Rev. Stat. Ann. § 512:21(I)-(II)).

What if I am sued on an old debt in New Hampshire?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.