CHAPTER 86
HB 394-FN – FINAL VERSION
27Mar2007… 0610h
2007 SESSION
09/05
HOUSE BILL 394-FN
AN ACT relative to notice to defendants in small claims actions.
SPONSORS: Rep. D. Cote, Hills 23; Rep. Dokmo, Hills 6; Sen. Foster, Dist 13
This bill requires first class mail notice to defendants in small claims actions. The bill also requires the administrative judge of the district court to make a report on the district courts’ experience with this notice requirement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0610h
07-0712
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to notice to defendants in small claims actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
86:1 Small Claims Actions; Notice to Defendant. RSA 503:6 is repealed and reenacted to read as follows:
503:6 Notice to Defendant.
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. The notice shall inform the defendant that failure to respond in writing shall result in the service of the claim on the defendant by the sheriff, or in such other manner as the court shall order, the cost of which shall be the responsibility of the defendant if the plaintiff prevails.
II. If the notice is returned as undelivered, or the defendant does not respond in writing within 30 days, 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.
III. 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.
86:2 Report Required. On or before July 1, 2009, the administrative judge of the district court shall submit a report on the district courts’ experience with the notice requirement under RSA 503:6 as inserted by section 1 of this act to the governor, the speaker of the house of representatives, the senate president, the chairpersons of the house and senate judiciary committees, and the chief justice of the supreme court.
86:3 Effective Date. This act shall take effect July 1, 2007.
Approved: June 11, 2007
Effective: July 1, 2007