CHAPTER 79
HB 281-FN – FINAL VERSION
04Mar2009… 0542h
2009 SESSION
09/03
HOUSE BILL 281-FN
AN ACT increasing the maximum amount of debt or damages for small claims actions and requiring mediation for small claims actions exceeding $5,000 and establishing a fee for the cost of such mediation.
SPONSORS: Rep. Chandler, Carr 1; Rep. Dokmo, Hills 6; Rep. Campbell, Hills 24
This bill increases the maximum amount of debt or damages for small claims actions. The bill also requires mediation for small claims actions exceeding $5,000 and establishes a fee for the cost of such mediation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Mar2009… 0542h
09-0293
09/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT increasing the maximum amount of debt or damages for small claims actions and requiring mediation for small claims actions exceeding $5,000 and establishing a fee for the cost of such mediation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
79:1 Small Claims Actions; Maximum Amount of Debt or Damages. Amend RSA 503:1, I to read as follows:
I. 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 [$5,000] $7,500.
79:2 New Paragraph; Mediation Required. Amend RSA 503:1 by inserting after paragraph III the following new paragraph:
IV. When the amount of debt or damages exceeds $5,000 and no claim is made for trial by jury under paragraph III, the parties to the action shall be required to participate in a mediation program in the district courts approved by the office of mediation and arbitration established under RSA 490-E. If mediation of such action does not result in resolution of the action, the case shall be presented to the judge under oath.
79:3 Small Claims Exceeding $5,000; Mediation Fee. RSA 503:4, II is repealed and reenacted to read as follows:
II. The sum of $5 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages is $5,000 or less and the sum of $60 shall be added to each entry fee collected in the district courts for small claims actions in which the amount of debt or damages exceeds $5,000. Such sums shall be deposited in the mediation and arbitration fund established under RSA 490-E:4.
79:4 Effective Date. This act shall take effect January 1, 2010.
Approved: June 9, 2009
Effective Date: January 1, 2010