How to Respond to a Lawsuit in New Hampshire: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. New Hampshire. Last updated 2026-06-02
In New Hampshire, a defendant served with a civil summons and complaint generally has 30 calendar days to file a written Answer with the Superior Court under New Hampshire Superior Court Civil Rule 9(a), counted from the date you were served. The deadline is different in other tracks. An eviction moves on a much shorter clock: under RSA 540:13, III the landlord's writ is returnable 7 days from the date the sheriff serves it, and the tenant must file an appearance by that return day to contest the eviction. New Hampshire small claims is not an appearance-only system and is a common trap. Under New Hampshire Circuit Court District Division Rule 4.3(a)(1), a small claims defendant must file a written Response, due 30 days from the date the court mails the notice of claim by first class mail, or on the later return date the court sets if you are personally served. Failure to file that written Response can result in a default judgment under Rule 4.3(c). A response in a divorce or other family matter is due within 15 days of receipt of the Notice to Respondent, because Family Division Rule 2.5(A) requires any party who intends to participate to file a written Appearance within that window. New Hampshire counts these as calendar days, and under the District Division computation rule only the last day rolls forward if it falls on a Saturday, Sunday, or legal holiday, with no separate weekend exclusion for short periods. If you miss a required response, you can be defaulted under Superior Court Civil Rule 42(a), and the court can enter a default judgment, which you can later ask the court to set aside by filing a Motion to Strike Default supported by an affidavit of defense.
How long do I have to respond to a lawsuit in New Hampshire?
It depends on the track, and most general cases run from the date you were served. For a general civil complaint, New Hampshire Superior Court Civil Rule 9(a) gives you 30 calendar days after service to file a written Answer with the Superior Court. An eviction is far shorter: under RSA 540:13, III the writ is returnable 7 days from the date the sheriff serves it, and the tenant must file an appearance by that return day to contest. In small claims, you must file a written Response, due 30 days from the date the court mails the notice of claim under District Division Rule 4.3(a)(1). A family matter requires a written Appearance within 15 days of receiving the Notice to Respondent.
How do I respond to a civil summons in New Hampshire?
You respond by filing a written Answer with the clerk of the Superior Court named in the summons, then serving a copy on every other party. New Hampshire generally requires electronic filing, though self-represented litigants have an exception and can file on paper. Registering as an electronic filer counts as consent to electronic service, so when you file your Answer the system serves the other registered filers. The Answer admits or denies each numbered allegation of the complaint and states your defenses.
What happens if I don't answer a summons in New Hampshire?
If you do not respond by your deadline, you can be defaulted under New Hampshire Superior Court Civil Rule 42(a), which provides that a party who fails to timely answer or otherwise defend shall be defaulted. The court can then enter a default judgment for what the complaint requests. You can ask the court to undo it by filing a Motion to Strike Default under Rule 42(a), supported by an affidavit that sets out your defense and the facts behind it.
How do I answer a summons without an attorney in New Hampshire?
Self-represented defendants can file an Answer themselves. New Hampshire does not mandate a form for a general Superior Court civil answer, so you type your response as a pleading on 8.5 by 11 inch paper, with the court, the parties, and the case caption formatted under Superior Court Civil Rule 7(a) and (b). Self-represented litigants are excepted from mandatory electronic filing and may file on paper. There is no fee to file an Answer or appearance in New Hampshire, though a counterclaim carries a $285 fee.
New Hampshire response framework at a glance
New Hampshire's response rules turn on which track your case is in, and two of them surprise defendants: the eviction clock is only 7 days, and small claims requires a written Response rather than just showing up. A general civil case in the Superior Court is governed by New Hampshire Superior Court Civil Rule 9(a), which requires an Answer or other responsive pleading within 30 days after you are served. These are calendar days. Under the New Hampshire Circuit Court District Division computation rule, only the last day rolls forward if it falls on a Saturday, Sunday, or legal holiday, so there is no separate weekend exclusion even on short windows. The eviction track is the short track: RSA 540:13, III makes the landlord's writ returnable 7 days from the date the sheriff serves it, and the tenant must file an appearance by that return day to contest the eviction. Small claims is the trap. Under District Division Rule 4.3(a)(1), a small claims defendant must file a written Response, due 30 days from the date the court mails the notice of claim by first class mail, or on the later return date the court sets, not less than 45 days out, if the defendant is personally served. Rule 4.3(c) authorizes a default judgment if no timely Response is filed, so appearing without filing the written Response is not enough. A divorce or other family response is due within 15 days of receipt of the Notice to Respondent, because Family Division Rule 2.5(A) requires a written Appearance within that window. General civil answers are filed with the clerk of the Superior Court named in the summons and, in most cases, through the mandatory electronic filing system, with an exception for self-represented litigants. The New Hampshire Judicial Branch website at www.courts.nh.gov is the official source for the small claims Response form (NHJB-2830-De), the Motion to Waive Filing Fee (NHJB-2886-DFPE), and the court rules defendants need.
Court Resources
New Hampshire Judicial Branch. Small claims and how to respond
Official Circuit Court District Division rule page explaining how a small claims defendant responds, including the requirement to file a written Response by the date on the notice and the default that can follow if none is filed. New Hampshire small claims handles disputes up to $10,000.
Response to Small Claim form (NHJB-2830-De)
The official fillable form a defendant uses to file a written Response in a New Hampshire small claims case, available as a PDF from the New Hampshire Judicial Branch forms library.
Motion to Waive Filing Fee (NHJB-2886-DFPE)
The official motion a defendant can file instead of paying a court fee, such as the $285 counterclaim fee, based on an inability to pay or extraordinary circumstances. There is no fee to file the Answer or appearance itself.
Relevant Laws
N.H. Superior Court Civil Rule 9(a) (30-Day Answer to a Civil Complaint)
Provides that an Answer or other responsive pleading shall be filed with the court within 30 days after the person filing it has been served with the pleading to which the response is made. This is the controlling general civil answer deadline in New Hampshire, counted in calendar days from the date of service.
N.H. Rev. Stat. Ann. § 540:13, III (Eviction 7-Day Return Day)
Provides that the writ of summons and the eviction notice shall be returnable 7 days from the date of service of the writ by the sheriff. In a New Hampshire eviction the tenant must file an appearance by that return day to contest, a far shorter window than the 30-day general civil track.
N.H. Circuit Court District Division Rule 4.3(a)(1) (Small Claims: Written Response Required)
Provides that when a small claims defendant is served by first class mail, the written Response shall be filed by the date indicated on the notice, which is 30 days from the date the court mails the notice. New Hampshire small claims requires a written Response, and Rule 4.3(c) allows a default judgment if none is filed.
N.H. Circuit Court Family Division Rule 2.5(A) (15-Day Appearance in a Family Matter)
Provides that any party intending to participate in a family case must file a written Appearance within 15 days of receipt of the Notice to Respondent. This is the response window in a divorce, parenting, or other family matter.
N.H. Superior Court Civil Rule 42(a) (Default and Striking a Default)
Provides that a party who fails to timely answer or otherwise defend a complaint or other pleading requiring a response shall be defaulted, opening the door to a default judgment. The court strikes a default only on motion and an affidavit of defense setting out the defense and the facts on which it is based.
N.H. Superior Court Civil Rule 10 (Counterclaims and Cross-Claims)
Makes a counterclaim compulsory when it arises out of the same transaction or occurrence as the opposing party's claim, and permissive otherwise. A defendant with a related claim against the plaintiff should raise it with the answer or risk losing the right to bring it.
N.H. Rev. Stat. Ann. § 508:4 (Three-Year Limitation on Personal Actions)
Sets a three-year statute of limitations on personal actions, including actions on most debts, the limitations period a defendant should check in a debt-collection case before answering. Federal debt-validation rights also apply under 15 U.S.C. § 1692g.
Regional Variances
Answer deadline by case track in New Hampshire
General civil complaint (N.H. Super. Ct. Civ. R. 9(a))
30 calendar days after you are served to file a written Answer or other responsive pleading with the Superior Court. This is the default civil deadline, counted in calendar days from the date of service, with only the last day rolling forward if it falls on a Saturday, Sunday, or legal holiday.
Eviction / unlawful detainer (RSA 540:13, III)
The landlord's writ is returnable 7 days from the date the sheriff serves it, and the tenant must file an appearance by that return day to contest the eviction. New Hampshire counts these as calendar days with no short-period weekend exclusion, so this is far shorter than the 30-day general civil window and demands fast action.
Small claims (N.H. Cir. Ct. Dist. Div. R. 4.3(a)(1))
A written Response is required. When served by first class mail it is due 30 days from the date the court mails the notice of claim. When personally served, it is due on the court-set return date, not less than 45 days out. Unlike many states, simply appearing is not enough, and Rule 4.3(c) allows a default judgment if no Response is filed.
Divorce / family response (N.H. Cir. Ct. Fam. Div. R. 2.5(A))
A written Appearance is due within 15 days of receipt of the Notice to Respondent for any party who intends to participate in a divorce, parenting, or other family matter. Missing it can let the case proceed without your input on property, support, and parenting.
Which New Hampshire court hears your case, by amount
Small Claims, Circuit Court District Division
Hears small claims disputes up to $10,000. A written Response is required by the date on the notice, and a defendant who does not file one can be defaulted under District Division Rule 4.3(c) rather than getting a chance to defend at the hearing.
Circuit Court District Division, civil
Shares concurrent civil jurisdiction with the Superior Court for claims from $1,501 to $25,000. The track on your notice tells you which court and which response rule applies to your case.
Superior Court of New Hampshire
Has exclusive jurisdiction over civil claims exceeding $25,000 and concurrent jurisdiction from $1,501 to $25,000. A written Answer is due within 30 days under Superior Court Civil Rule 9(a), and there is no fee to file the Answer itself.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint is due in 30 calendar days under New Hampshire Superior Court Civil Rule 9(a). An eviction writ is returnable 7 days from service, and you must file an appearance by that return day under RSA 540:13, III. A small claims written Response is due 30 days from the date the court mails the notice, or on the later return date if you are personally served, under District Division Rule 4.3(a)(1). A family response is a written Appearance due within 15 days of the Notice to Respondent under Family Division Rule 2.5(A). Mark the exact date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the summons or notice to confirm whether the case is small claims (up to $10,000 in the Circuit Court District Division), a Superior Court civil case (exclusive over $25,000, concurrent with the District Division from $1,501 to $25,000), an eviction, or a family matter. The track decides your deadline, whether you must file a written response, and where you file. Confirm the court named in the summons, because that is where your response goes.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts. New Hampshire Superior Court Civil Rule 9 calls for pleading defenses such as accord and satisfaction, the statute of limitations, fraud, duress, estoppel, waiver, assumption of risk, and contributory negligence. In debt cases, check the three-year limitations period under RSA 508:4. If you have a claim against the plaintiff arising out of the same transaction, raise it as a compulsory counterclaim under Superior Court Civil Rule 10 or risk losing it.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. New Hampshire does not mandate a form for a general Superior Court civil answer, so type the pleading on 8.5 by 11 inch paper with the court, the parties, and the docket number in the caption under Superior Court Civil Rule 7(a) and (b). In small claims, use the Response to Small Claim form (NHJB-2830-De). Attorney review of the drafted answer is available as an option before you file.
File the answer or appearance with the clerk
On or before the deadline days after startingFile with the clerk of the court named in the summons. New Hampshire generally requires electronic filing, but self-represented litigants are excepted and may file on paper. There is no fee to file an Answer or appearance, though a counterclaim carries a $285 fee. In an eviction, file your appearance by the 7-day return day, and in small claims file your written Response by the date on the notice.
Serve every other party
With or promptly after filing days after startingServe a copy of your filed response on every other party. In New Hampshire, registering as an electronic filer counts as consent to electronic service, so when you submit a document the filing system serves the other registered filers under the Superior Court electronic filing rules. If you file on paper, deliver a copy to each party by the method the rules allow and keep proof of service.
Request a fee waiver if you cannot afford a court fee
At the time of filing days after startingFiling the Answer or appearance itself is free in New Hampshire, but if you face a court fee, such as the $285 counterclaim fee, and cannot pay, file a Motion to Waive Filing Fee (NHJB-2886-DFPE) with your filing. Eligibility is based on an inability to pay or extraordinary circumstances. Submitting the motion lets you file on time while the court decides whether to waive the fee.
Calendar the hearing, return day, or trial date
As set by the court days after startingCalendar every date the court sets. In an eviction, the 7-day return day is your deadline to file an appearance, and in small claims the date on your notice is when the written Response is due. Bring your evidence and a copy of your filed response to any hearing or trial date. Attorney review is available as an option before you file if your case involves the short 7-day eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint is due in 30 calendar days under New Hampshire Superior Court Civil Rule 9(a). An eviction writ is returnable 7 days from service, and you must file an appearance by that return day under RSA 540:13, III. A small claims written Response is due 30 days from the date the court mails the notice, or on the later return date if you are personally served, under District Division Rule 4.3(a)(1). A family response is a written Appearance due within 15 days of the Notice to Respondent under Family Division Rule 2.5(A). Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the summons or notice to confirm whether the case is small claims (up to $10,000 in the Circuit Court District Division), a Superior Court civil case (exclusive over $25,000, concurrent with the District Division from $1,501 to $25,000), an eviction, or a family matter. The track decides your deadline, whether you must file a written response, and where you file. Confirm the court named in the summons, because that is where your response goes. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts. New Hampshire Superior Court Civil Rule 9 calls for pleading defenses such as accord and satisfaction, the statute of limitations, fraud, duress, estoppel, waiver, assumption of risk, and contributory negligence. In debt cases, check the three-year limitations period under RSA 508:4. If you have a claim against the plaintiff arising out of the same transaction, raise it as a compulsory counterclaim under Superior Court Civil Rule 10 or risk losing it. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. New Hampshire does not mandate a form for a general Superior Court civil answer, so type the pleading on 8.5 by 11 inch paper with the court, the parties, and the docket number in the caption under Superior Court Civil Rule 7(a) and (b). In small claims, use the Response to Small Claim form (NHJB-2830-De). Attorney review of the drafted answer is available as an option before you file. | answer-to-complaint | Before the answer deadline |
| File the answer or appearance with the clerk | File with the clerk of the court named in the summons. New Hampshire generally requires electronic filing, but self-represented litigants are excepted and may file on paper. There is no fee to file an Answer or appearance, though a counterclaim carries a $285 fee. In an eviction, file your appearance by the 7-day return day, and in small claims file your written Response by the date on the notice. | - | On or before the deadline |
| Serve every other party | Serve a copy of your filed response on every other party. In New Hampshire, registering as an electronic filer counts as consent to electronic service, so when you submit a document the filing system serves the other registered filers under the Superior Court electronic filing rules. If you file on paper, deliver a copy to each party by the method the rules allow and keep proof of service. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford a court fee | Filing the Answer or appearance itself is free in New Hampshire, but if you face a court fee, such as the $285 counterclaim fee, and cannot pay, file a Motion to Waive Filing Fee (NHJB-2886-DFPE) with your filing. Eligibility is based on an inability to pay or extraordinary circumstances. Submitting the motion lets you file on time while the court decides whether to waive the fee. | - | At the time of filing |
| Calendar the hearing, return day, or trial date | Calendar every date the court sets. In an eviction, the 7-day return day is your deadline to file an appearance, and in small claims the date on your notice is when the written Response is due. Bring your evidence and a copy of your filed response to any hearing or trial date. Attorney review is available as an option before you file if your case involves the short 7-day eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. New Hampshire does not mandate a form for a general Superior Court civil answer, so you type the pleading on 8.5 by 11 inch paper. Set the caption with the court, the parties, and the docket number under Superior Court Civil Rule 7(a) and (b).
If you missed your deadline and were defaulted, you can ask the court to undo it by filing a Motion to Strike Default under New Hampshire Superior Court Civil Rule 42(a). The court strikes the default only on motion and an affidavit of defense that specifically sets out your defense and the facts it rests on, on terms the court finds just. The rule sets no fixed deadline, so file promptly, because delay weakens your request.
Often yes. Parties commonly agree in writing to extend the response period, and you can file a motion asking the court for more time before your deadline passes. Get any extension in writing and confirm it in the case file, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your Answer. Do not assume an informal conversation paused your deadline.
New Hampshire charges no fee to file an Answer or an appearance, so most defendants pay nothing to respond. A counterclaim carries a $285 fee. If you cannot pay a court fee, you can file a Motion to Waive Filing Fee (NHJB-2886-DFPE) based on an inability to pay or extraordinary circumstances, and the court decides eligibility. Filing the motion lets you proceed without paying while the court reviews it.
Yes. Insufficient service of process is a recognized defense in New Hampshire, raised by motion rather than by ignoring the case. You can challenge the court's authority over you when service did not follow the rules, and if service was defective the case may not be properly before the court. Raise a service problem promptly, because ignoring the summons still risks a default for failure to defend under Superior Court Civil Rule 42(a).
New Hampshire Superior Court Civil Rule 9 calls for pleading affirmative defenses such as accord and satisfaction, the statute of limitations, fraud, duress, estoppel, waiver, assumption of risk, and contributory negligence. To assert your own claim against the plaintiff, you file a counterclaim under Superior Court Civil Rule 10. A counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory, so raise it with your answer or you can lose it.
Respond the same way as any civil complaint: file a timely Answer that admits or denies each allegation and raises your defenses. In debt cases, check New Hampshire's three-year statute of limitations on personal actions under RSA 508:4 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed. Attorney review of a debt-collection answer is available as an option.
Yes. New Hampshire small claims is not an appearance-only system. Under New Hampshire Circuit Court District Division Rule 4.3(a)(1), a defendant served by first class mail must file a written Response by the date on the notice, which is 30 days from the date the court mails it. If you are personally served, the Response is due on the court-set return date, not less than 45 days out. Rule 4.3(c) allows a default judgment if you do not file in time, so file the written Response.
A respondent in a divorce or other family matter must file a written Appearance within 15 days of receiving the Notice to Respondent, because New Hampshire Circuit Court Family Division Rule 2.5(A) requires any party who intends to participate to do so. You file your Appearance and any response with the Family Division named in the notice. Missing the 15-day window can let the case proceed without your input on property, support, parenting, and other issues.
Other New Hampshire guides
How to File a Small Claims Lawsuit in New Hampshire (2026)
How to Dispute a Bill in New Hampshire (2026)
How to Break a Lease in New Hampshire Legally (2026)
Asset Protection Planning in New Hampshire (2026)
Setting Up a Business Partnership in New Hampshire (2026)
Small Business Loan Guide for New Hampshire (2026)
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