NH Small Claims Jurisdiction Increased to $7,500; A quick, low cost alternative to collect business debts.

admin — Fri, 30 Oct 2009 15:18:39 +0000

Small Claims Court is an often overlooked tool for small businesses.

New Hampshire HB-281 increases the maximum amount of damages that may be claimed in Small Claims Court to $7,500.

Originally established as a simple, speedy and informal process for lay people to resolve small disputes, the Small Claims procedure can be a useful tool for businesses to efficiently collect smaller business debts.

Businesses often have unpaid invoices and other small uncollected debts, but decide not to pursue collection due to the cost and time involved in bringing a lawsuit. The Small Claims docket allows for a much cheaper and quicker method to collect such debts in lieu of the standard civil dockets in the District and Superior Courts.

Filing fees are about half of those in the District Court and claimants can get a trial date in a few months rather than upwards of a year or more.

HB-281 also mandates mediation for claims over $5,000.

For more information, contact Attorney Chris Ratté.

NOTICE: The information and articles posted on this website are for informational purposes only and are not intended as legal advice. Contact me to discuss your particular situation or consult a licensed attorney in your state.

Business and Commercial Dispute Docket Established in NH Superior Court

admin — Fri, 23 Oct 2009 15:14:26 +0000

NH’s Business Court Docket aims to speed up litigation of complex commercial disputes.

New Hampshire has now followed other states in the creation of its first ever specialized “Business Court.”

Enacted in 2008, SB-378 creates a separate Business and Commercial Dispute Docket within the Superior Court. The aim of the new Business Docket is to alleviate overcrowded court systems by providing more efficient and specialized procedures for complex commercial disputes.

Currently, commercial disputes are part of the standard civil docket and are heard by the same judges who also hear other civil, equitable and criminal matters. The effect is that the docket becomes clogged with large complex commercial disputes involving massive volumes of paper and electronic discovery.

The new Business Docket should make commercial litigation more efficient and cost-effective, while freeing up court resources for other matters as well.

In order to be assigned to the new Business Docket, cases must meet the following criteria: (1) the parties must consent to the jurisdiction of the Docket by agreement; (2) at least one party must be a “business entity” as defined by the statute; (3) no party may be a “consumer,” defined as “an individual who purchases or leases merchandise primarily for personal, family or household purposes;” and (4) money damages, if sought, must exceed $50,000.

The Act provides a list of the types of cases which may be heard in the Business Docket, including: claims of breach of contract, fraud, misrepresentation and business torts; claims under the Uniform Commercial Code; franchise disputes; shareholder derivative suits; corporate dissolution or liquidation; and other complex disputes of a business nature.

Attorney Richard McNamara, of Manchester, was recently approved by the Executive Council after being nominated by Gov. Lynch to serve as the first Justice of the NH Business and Commercial Dispute Docket. Attorney McNamara is an experienced commercial litigator who made a name for himself representing auto dealers in several high-profile disputes with manufacturers.

For more information, contact Attorney Chris Ratté.

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NH Small Claims Jurisdiction Increased to $7,500; A quick, low cost alternative to collect business debts.

Business and Commercial Dispute Docket Established in NH Superior Court