Section 503:6 Notice to Defendant. - New Hampshire Statutes

   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. If a small claim action includes a petition for prejudgment attachment, the claim shall be served on the defendant as in all other actions at law.
   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.
   IV. If a small claim action includes a petition for prejudgment attachment and the defendant objects to the making of the attachment, the court shall set a hearing on such objection within 14 days of the receipt of such objection in accordance with RSA 511-A:3.

Source. 1939, 179:6. 1941, 138:1. RL 378:6. RSA 503:6. 1975, 262:2. 1985, 182:4, eff. Jan. 1, 1986. 2007, 86:1, eff. July 1, 2007. 2009, 302:8, 9, eff. Sept. 29, 2009.