Getting sued for a debt is scary. You open your mail, see a Summons, and your stomach drops. You might feel embarrassed or overwhelmed. You might want to hide the papers in a drawer and hope it all goes away.
Please don’t do that.
Ignoring the lawsuit is the only way to guarantee you lose. If you do nothing, the court will likely hand the debt collector a “default judgment.” This gives them the power to garnish your wages or seize money from your bank account. The good news? Fighting back is easier than you think, and you don’t need an expensive lawyer to do it.
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1. The 30-Day Rule
New Hampshire gives you a strict deadline. You have 30 days from the day you received the papers to file your response, called an “Answer.”
Do not wait until day 29. If you miss this window, the court assumes you agree with everything the debt collector says. You lose your right to argue that the debt isn’t yours or that the amount is wrong.
2. How to Write Your Answer
You don’t need to write a novel. An Answer is a functional document. Its job is to tell the court your side of the story briefly. You will address each paragraph in the “Complaint” (the document that lists the claims against you).
For each numbered paragraph, you have three choices:
- Admit: “Yes, this is true.” (Use this for basic facts, like your name).
- Deny: “No, this is false.” (Use this if you disagree with the amount or the debt itself).
- Lack Knowledge: “I don’t know.” (Use this if you aren’t sure. It acts like a denial).
The Strategy of Denial
Most defendants deny the specific claims about the debt amount. This forces the debt collector to prove their case with evidence. If they can’t prove it, they can’t win.
3. Assert Your Affirmative Defenses
An “affirmative defense” is a legal reason why you shouldn’t have to pay, even if the facts are true. In New Hampshire, you must list these in your Answer, or you might not be allowed to use them later.
Common Defenses:
- Statute of Limitations: This is the most powerful defense. It means the debt is too old to be sued over.
- Identity Theft: The debt belongs to someone else.
- Payment: You already paid this debt.
The New Hampshire Statute of Limitations
In New Hampshire, the clock matters. Under NH Rev Stat § 508:4, the statute of limitations for most consumer debts—like credit cards and medical bills—is 3 years.
If the debt is older than three years since your last payment or activity, the collector cannot legally force you to pay through the courts. But you must tell the judge this in your Answer.
4. Filing Fees
Here is some relief: New Hampshire courts do not charge a fee to file a standard Answer.
However, if you choose to file a “Counterclaim” (where you sue the collector back), you will likely have to pay a filing fee, which can be around $125 to $300 depending on the court and claim amount.
5. File and Serve
Writing the document is only half the battle. You must officially file it.
- Electronic Filing: New Hampshire increasingly relies on e-filing (using systems like TurboCourt or File & Serve). This is often mandatory for Small Claims.
- Mail Copy: After you file with the court, you must send a copy of your Answer to the debt collector’s attorney. Their address will be on the Summons.
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