New Hampshire Demand Letter Requirements
New Hampshire does not have a general statute requiring a demand letter before filing a civil lawsuit. However, sending a written demand is considered best practice and is expected by New Hampshire District Court judges. In many cases, the court will ask whether you made a reasonable attempt to resolve the dispute before filing.
Certain types of claims in New Hampshire do have specific notice requirements. Under the state's security deposit law (RSA 540-A:7), landlords must return deposits within 30 days, and tenants should send a written demand before pursuing legal action. For consumer protection claims under RSA 358-A, sending a demand letter may be relevant to recovering attorney's fees and damages.
New Hampshire's consumer protection statute is notably strong, and a well-drafted demand letter referencing the Consumer Protection Act can carry significant weight in pre-litigation negotiations.
Small Claims Court in New Hampshire
Small claims cases in New Hampshire are heard in the District Court. Here are the key details:
- Monetary limit: $10,000
- Filing fees: $45 to $75, depending on the amount claimed
- Where to file: District Court in the district where the defendant resides or where the cause of action arose
- Attorneys: Permitted but not required
- Service of process: The court handles service by certified mail; if that fails, the plaintiff may need to arrange personal service
- Appeals: Either party may appeal to the Superior Court within 30 days
New Hampshire's District Courts serve as the primary venue for small claims. The process is designed to be accessible to self-represented parties. Hearings are typically informal, and judges often help guide the proceedings.
Statute of Limitations in New Hampshire
New Hampshire sets specific deadlines for filing different types of claims. Send your demand letter well before these deadlines expire:
- Written contracts: 3 years (RSA 508:4)
- Oral contracts: 3 years (RSA 508:4)
- Property damage: 3 years (RSA 508:4)
- Personal injury: 3 years (RSA 508:4)
- Fraud: 3 years from discovery (RSA 508:4)
- Consumer protection violations: 3 years (RSA 358-A)
New Hampshire uses a general 3-year statute of limitations for most civil actions, which simplifies planning. However, this also means you have less time than in many other states to pursue claims. Sending a demand letter does not toll or extend these deadlines.
Certified Mail Requirements in New Hampshire
New Hampshire does not mandate that demand letters be sent by a specific method in most cases. However, certified mail with return receipt requested is the recommended approach for several reasons:
- It provides admissible evidence that the letter was sent and received
- New Hampshire District Courts accept USPS certified mail records as proof of notice
- The court itself uses certified mail for service of process in small claims cases, establishing it as the standard method of legal communication
Recommended Approach for New Hampshire
- Send via USPS Certified Mail with Return Receipt Requested
- Send a duplicate copy via regular first-class mail
- Keep the original certified mail receipt and the signed green card when returned
- Save digital copies of the letter and all tracking information
- If the certified letter is returned as unclaimed, the first-class copy may still establish notice
Interest Rates on Judgments in New Hampshire
New Hampshire applies the following interest rates to court judgments:
- Prejudgment interest: Allowed at the contract rate, or at a reasonable rate if no contract rate is specified; courts often use the statutory rate
- Post-judgment interest: Set at 10% per year (RSA 524:1-b) unless the contract specifies a different rate
- Consumer transactions: The court may award interest from the date the payment was due
Include a demand for interest in your letter, calculated from the date the debt became due. New Hampshire's 10% post-judgment rate is relatively high compared to many states, which adds incentive for the recipient to settle before a judgment is entered.
What to Include in a New Hampshire Demand Letter
A comprehensive demand letter for a New Hampshire dispute should contain:
- Full contact information for both the sender and recipient
- Detailed description of the dispute: What happened, the date and location within New Hampshire, and the relationship between the parties
- Exact amount demanded: Break down the principal, any interest, and incidental costs
- Evidence references: Mention contracts, invoices, receipts, photographs, emails, or text messages that support your claim
- A specific deadline: Allow 15 to 30 days for response or payment
- Statement of legal intent: State that you will file a claim in New Hampshire District Court if the dispute is not resolved
- Applicable law references: Cite relevant RSA sections (e.g., RSA 358-A for consumer protection, RSA 540-A for security deposits)
When to Escalate to Court
If the demand letter does not produce results within the deadline, New Hampshire offers these court options:
- District Court (small claims): For disputes up to $10,000. The filing process is straightforward, and the court provides standardized forms. Hearings are typically scheduled within 30 to 60 days.
- District Court (civil): For more complex cases that may require discovery or formal procedures.
- Superior Court: For disputes exceeding $25,000, cases requiring a jury trial, or equitable relief such as injunctions. Attorney representation is strongly recommended.
- Mediation: New Hampshire strongly encourages mediation. The court may refer your case to mediation before scheduling a hearing. Many counties have community mediation programs that offer low-cost services.
Before escalating, confirm that you have copies of all correspondence, including the demand letter, certified mail receipts, and any responses. New Hampshire District Court requires the plaintiff to provide the defendant's current address for service of process.