Rule 5.4. Failure to Answer

Category: Rules of The Circuit Court -- District Division Section: GENERAL RULES

A. If the defendant does not file an appearance on or before the return day, a notice of default shall be issued that the plaintiff may recover possession of the demanded premises and costs; and, if the writ includes a claim for unpaid rent the notice of default may include the amount of unpaid rent claimed, not to exceed fifteen hundred dollars ($1,500.00) in addition to the costs. A writ of possession and notice of judgment shall also issue, but not until the expiration of at least five business days after the Clerk's notice of default and upon the filing of a military affidavit and, if the writ includes a claim for unpaid rent, an affidavit of damages.

B. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require

Log in to read the full rule text and search all NH court rules.

Read Full Rule